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Advance Rulings

ITC not admissible on goods and services used in construction of warehouse used for letting out on rent

February 10, 2020 12984 Views 0 comment Print

ITC is not admissible on the goods and services received and used in the construction of warehouse used for letting out on rent as per the Section 17(5)(d) of CGST Act, 2017.

Carbonated beverages with fruit juice classifiable under CTH 22021020 or 22021090

February 10, 2020 9015 Views 0 comment Print

In re M/s. Rich Dairy Products (India) Pvt Ltd (GST AAAR Tamil Nadu) AAAR upheld the order of AAR and held  that The products ‘Richyaa Darner Lemon’ and ‘Licta Lemon’ to be supplied by the applicant are classifiable under CTH 22021020 and all others i.e. ‘Richyaa Darner Cola’, ‘Licta Cola’, ‘Richyaa Darner Jeera Soda’, ‘Licta […]

‘A la carte’ services relating to employee relocation is neither a composite nor a mixed supply

February 9, 2020 1650 Views 1 comment Print

The ‘a la carte’ services provided by the appellant, relating to employee relocation is neither a composite supply nor a mixed supply in view of our discussions above.

AAR held supply of water as part of maintenance services despite separate contract

February 7, 2020 2739 Views 0 comment Print

In re Latest Development Advisory Ltd. (GST AAR Rajasthan) In the instant case, we find that the applicant is providing services to the society (RWA) in two parts viz. all services of maintenance (other than supply of water) and supply of water. We further observe that as a general practice across trade and market, the […]

Supply cannot be treated as Composite merely because it was based on Single Contract

February 7, 2020 5832 Views 0 comment Print

It is argued by the Appellant the supplies under the present case are not being made in the conjunction with each other, as the supply of services i.e. erection, commissioning, installation, testing etc. are undertaken only after the supply of the goods, i.e. UPS systems and other accessories, have been effected to the recipient of the goods

Warranty services with Volvo bus supply is composite supplies: AAAR

February 6, 2020 1935 Views 0 comment Print

The activities performed by the Appellant with regard to repair and servicing of Volvo vehicles for Indian customers during the warranty period is an activity amounting to a composite supply of goods and service for Volvo Sweden with the principle supply being a supply of service. The recipient of the supply of service is Volvo Sweden.

No ITC on goods or services used in construction of shopping Mall for leasing: AAAR

February 6, 2020 4701 Views 0 comment Print

In re Tarun Realtors Pvt. Ltd. (GST AAAR Karnataka) Restriction contained in Section 17(5)(d) is applicable to goods and services received by a taxable person for construction of an immovable property. When goods and services are received by a taxable person for construction of plant or machinery, there is no bar on eligibility to input […]

Commission earned from auctioning of flowers not eligible for GST exemption

February 5, 2020 1692 Views 0 comment Print

In re International Flower Auction Bangalore Ltd (GST AAAR Karnataka) The appellate authority for advance ruling set aside the ruling passed under section 98(4) of the CGST Act 2017 vide NO.KAR.ADRG 87/2019 dated 26-09-2019 i.e. Contention of the department appeal is allowed where in the question on which the advance ruling was sought for is […]

Pattadar Pass Book cum Title Deed classifiable under CH 4820: AAAR

February 4, 2020 14730 Views 0 comment Print

In re Manipal Technologies Limited (GST AAAR Karnataka) Section 6B of the Telangana Records of Rights in Land and Pattadar Passbooks Act, 1971 mandates that any person effecting transaction on the land such as sale or purchase or mortgage, such sale or purchase or mortgage document has to be registered before the registering authority by […]

Refund of unutilized ITC inadmissible if goods exported out of India were subjected to export duty

February 3, 2020 2166 Views 0 comment Print

In re Chowgule and Company Private Limited (GST AAAR Goa) In the instant case alo, the exported goods are specified in the Second Schedule to the Customs Tariff Act, 1975 as subjected to export duty; while by a Notification issued under Section 25 (1) of the Customs Act, the same were exempted. Hence, the ratio […]

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