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Advance Rulings

Supply of services even by unincorporated association to its members for consideration is supply under GST

September 15, 2021 3879 Views 0 comment Print

In re Gujarat Hira Bourse (GST AAR Gujarat) Supply of services even by unincorporated association to its members for consideration is supply under GST Scheme of law, as enacted by Competent legislature. Thus GHB reliance on Service tax era case law is misplaced in the subject matter. Even if we want to delve into the […]

18% GST payable on setting up of a ‘Sulphate Removal Plant’

September 15, 2021 1596 Views 0 comment Print

In re Ion Exchange India Limited (GST AAR Rajasthan) AAR held that services provided under EPC contract awarded to the applicant by M/S Vedanta for setting up of a ‘Sulphate Removal Plant’ broadly ranging from designing, engineering, Surveys, procurement, fabrication, manufacturing, erection & installation, facilities construction, Pre commissioning & Commissioning, training etc. and satisfactory hand […]

GST payable on reimbursement of electricity expenses if not on actual basis

September 15, 2021 11706 Views 0 comment Print

In re Harish Chand Modi (GST AAR Rajasthan) Q. (a) Whether reimbursement of electricity expenses, on actual basis, by the lessee to lessor would form part of taxable value? Ans:- Yes. In the instant case, reimbursement of electricity expenses, on by the lessee to lessor would form part of taxable value as it is not on actual […]

NO GST exemption on works contract services to GHMC

September 14, 2021 3912 Views 0 comment Print

In re Transmission Corporation of Telangana Limited (GST AAR Tealangana) 1. Eligibility to exemption from tax on the supply of works contract services by the applicant to Greater Hyderabad Municipal Corporation (GHMC). Taxable @18% 2. Tax liability with respect to works contract services procured by the applicant from a 3rd party for supplying same services […]

EPC contract for infrastructure facilities is a work contract & 18% GST is payable

September 13, 2021 2724 Views 0 comment Print

In re L & T Hydrocarbon Engineering Ltd. (GST AAR Rajasthan) As per EPC contract the applicant has to complete the task, of setting up of MUPS2-EPC-2 project broadly ranging from designing, engineering, procurement, fabrication, manufacturing, assembly, erection and installation, facilities construction, Testing, Pre commissioning & Commissioning, Training etc & satisfactory hand over of complete […]

Solar Power Generating Plant is Plant & machinery eligible for ITC

September 13, 2021 10131 Views 0 comment Print

In re Pristine Industries Limited (GST AAR Rajasthan) ‘Solar Power Generating Plant’ of the applicant qualify as ‘plant and machinery’ as it falls under machinery as discussed above and not covers under (i) land, building or any other civil structures; (ii) telecommunication towers; and (iii) pipelines laid outside the factory premises. Therefore, subject to the […]

GST exempt on services relating to conduct of examination for Educational Boards

September 13, 2021 13581 Views 0 comment Print

In re Management & Computer Consultants (GST AAR West Bengal) Whether services related to pre-examination, conducting of examination and post -examination provided to Educational Boards, Council and Universities shall be treated as exempted supply. West Bengal State Council of Technical & Vocational Education and Skill Development, a statutory body, offers courses under various sections like […]

GST on managerial & leadership services provided by Registered/Corporate Office to Group Companies

September 9, 2021 2379 Views 0 comment Print

Whether the managerial and leadership services provided by the Registered/Corporate Office to its Group Companies can be considered as ‘supply of service’, in terms of Section 7 of CGST Act, 2017?

GST on batteries for use in warship applications of Indian Navy

September 9, 2021 1671 Views 0 comment Print

In re Exide Industries Limited (GST AAR Maharashtra) Batteries will be considered as parts of vessels falling under heading 8901, 8902, 8904 to 8907, only if they are used in manufacturing goods falling under Tariff Headings 8901, 8902, 8904 to 8907. We agree with the applicant’s contention that the batteries supplied by them for exclusive […]

ITC not eligible on medical/health insurance done for employees

September 8, 2021 21024 Views 0 comment Print

Textile company cannot claim input tax credit of GST charged by the Medical/ Health Insurance Company in respect of insurance done for employees

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