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Advance Rulings

AAR cannot decide on question which is already pending before department

February 25, 2020 741 Views 0 comment Print

In re Lear India Engineering LLP (GST AAR Maharashtra) Whether the design & Development services provided by Lear India to Lear entities situated aboard would fall under the category of OIDAR. services. In view of the provision to Section 98(2) of the CGST Act, 2017, we find that this authority cannot admit the application in […]

Export or intra-state supply of services- AAR cannot decide

February 25, 2020 987 Views 0 comment Print

The questions posed by the applicant involve determination of place of supply of the services provided, as the applicant considering himself as intermediary, has asked for a ruling on whether the services qualify to be an export or an intra-state supply of the services.

AAR Tamilnadu allows Real estate developer to withdraw Application

February 25, 2020 846 Views 0 comment Print

It is stated that the present application was filed in respect of a transaction proposed to be undertaken by the applicant in the state of TamilNadu however on account of unfavourable market conditions and other commercial factors, the applicant has not been in the position to proceed their business activity of identifying land for constructing apartments.

Britannia Winkin’ Cow Thick Shake’ classifiable under CTH 22029930

February 25, 2020 3747 Views 0 comment Print

UHT Sterilized Flavoured Milk marketed under the brand name ‘Britannia Winkin’ Cow Thick Shake’ by the applicant is not classifiable under the Tariff heading ‘0402 /0404 but classifiable under CTH 22029930.

GST on import of drill bits for supply to ONGC at its location in India on consumption basis

February 25, 2020 1812 Views 0 comment Print

In re Halliburton Offshore Services Inc. (Drill Bits) (GST AAR Andhra Pradesh) In view of the submission made by the applicant we find that the basic issue before us is whether the import of drill bits for supply to ONGC at its location in India on consumption basis involves two supplies namely, Import into India […]

AAR not allowed to answer on place of supply

February 25, 2020 1176 Views 0 comment Print

In re Shalini Manish Mittal (GST AAR Maharashtra) Issue- Whether online or telephonic educational coaching from India for corporate, individuals or any other entities residing required outside India is subject to GST and if so under which category is it taxed and section/notification covered for the same Held- On perusal of the provision of section […]

No export of service if testing services are performed in India

February 25, 2020 3900 Views 0 comment Print

In re Syngenta Biosciences Private Limited (GST AAAR Goa) The Authority held that in terms of Section 13 (3) the place of supply of service is in Goa, India, since in the given factual situation, the samples/goods on which the testing service is to be performed by the appellant were made available by the service […]

IGST on vessel charter hire charges

February 24, 2020 17097 Views 0 comment Print

In re Ocean Sparkle Limited (GST AAR Andhra Pradesh) Basic issue before AAR is whether the Tug Jupiter that the Applicant has let out under a charter for 730 days (with an option to extend the contract one year more) is classifiable under SAC 996602 as ‘Rental Services of water vessels including passenger vessels, freight […]

GST on transfer of Business unit from one state to other with Capital Assets & ITC utilisation

February 24, 2020 15357 Views 0 comment Print

In re Shilpa Medicare Limited (GST AAR Andhra Pradesh) From the record we find that the business of the applicant i.e., Shilpa Medicare Limited of Andhra Pradesh unit, as a whole along with the capital assets is being transferred as going concern to Shilpa Medicare Limited of Karnataka Unit for a monetary consideration. The applicant […]

GST on marketing & consultancy services to foreign company for Indian Customers

February 24, 2020 51603 Views 9 comments Print

In re DKV Enterprises Private Limited (GST AAR Andhra Pradesh) Whether the marketing and consultancy services supplied by the applicant are liable under export of service or not? The applicant submitted that in the capacity of consultant, they will promote the sale of and solicit orders for the products throughout the Territory in accordance with […]

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