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Advance Rulings

Corrigendum order in case M/s Emerald court Co-operative Housing Society Ltd.

July 27, 2021 1515 Views 0 comment Print

In re Emerald Court Co-operative Housing Society Ltd. (GST AAR Maharashtra) CORRIGENDUM In the case of the applicant, M/s. Emerald Court Co-operative [lousing Society 1.1d, holder of GSTIN Number 27AABAE1552D1Z8. a Ruling was passed under Sections 98 of the Central Goods and Services Tax Act and the Maharashtra Goods and Services Tax Act 2017  vide […]

GST applicable on “Tertiary Treated Water” supplied to MAHACENCO for Industrial use

July 27, 2021 3117 Views 0 comment Print

In re Nagpur Waste Water Management Pvt. Ltd. (GST AAR Maharashtra) It is observed that the applicant has processed the sewage water which contains various kinds of organic and inorganic impurities like sand. Silt, clay, chemicals, organisms, etc. The sewage water Cannot be used, in any way, in its original form. Sewage water can be […]

Bakery selling eatables on take away basis cannot be treated as restaurant

July 27, 2021 14766 Views 0 comment Print

In Assistant Commissioner, CGST & Central Excise Vs. M/s. Pioneer Bakers (GST AAAR Odisha) During the P.H., the Jurisdictional Officer, Sri Goutam Kumar Biswas(Appellant), Asst. Commissioner, CGST, Sambalpur-I Division stated that the applicant is running a bakery business, where different items likes cakes, bakery items, ice creams, chocolates, drinks & other eatable products are sold […]

No GST Rate concession on construction related to business activities

July 23, 2021 1653 Views 0 comment Print

In re KPC Projects Limited (GST AAR Andhra Pradesh) When we look into the activities of APIIC they are basically business activities and even a close observation of the modus operand! of the organisation prove the same. Even though APIIC is a Government entity, the sustenance of the organisation is derived from its activities of sale […]

No concession GST rate benefit to organisation running on a business model

July 23, 2021 1359 Views 0 comment Print

In re KPC Projects Limited (GST AAR Andhra Pradesh) It is observed taht activities of M/s APIIC are business activities and not otherwise. The applicant claims that the works involved in the contract i.e., the RBF sheds are used by none other than the organisation (APIIC) itself. But a detailed examination of the activities of […]

Advance Ruling is void ab-initio as applicant not informed about proceedings of DGGI

July 20, 2021 636 Views 0 comment Print

In re J K Snacks Industries (GST AAAR Gujarat) In this case during the personal hearing, representative of appellant have not informed anything about the proceedings of DGGI, Surat. It appears that had the fact of pending proceedings before the DGGI Surat in applicant’s own case relating to questions raised in the application filed before […]

Advance ruling obtained by suppression of facts is void ab-initio

July 20, 2021 1218 Views 0 comment Print

In re J K Food Industries (GST AAAR Gujarat) The appellant has submitted before us that the legality and propriety of the advance ruling issued by the GAAR is required to be examined in terms of section 98(2) of the CGST Act, 2017 and decision to be taken whether the said order is correct in […]

GST on Phosphate Solubilising Bacteria & Potassium mobilising Bio-fertilizers

July 20, 2021 3432 Views 0 comment Print

In re G.B. Agro Industries (GST AAAR Gujarat) AAAR modified the Advance Ruling No.GUJ/GAAR/R /71/2020 dated 17.09.2020 issued by the GAAR in respect of Bio-fertilizers, by holding that the two products namely Phosphate Solubilising Bacteria and Potassium mobilising Bio-fertilizers manufactured and supplied by the appellant M/s. G.B.Agro Industries, Bharuch are classifiable under Chapter sub-heading No.31059090 […]

GST exemption on hiring/leasing of buses by APSRTC to Public Transport Division

July 20, 2021 2559 Views 0 comment Print

In re Andhra Pradesh State Road Transport Corporation (GST AAR Andhra Pradesh) Whether the transaction of hiring/leasing of buses by the APSRTC to the Public Transport Division (PTD) of Government of Andhra Pradesh is eligible for the exemption under Entry 22 of Notification No. 12/2017 Central Tax (Rate). In the instant case, it is clear […]

GST on ‘ARTOS’ orange and clear lemon – AAR allows withdrawal of application

July 20, 2021 1530 Views 0 comment Print

In re AR Raju Beverages Private Limited (GST AAR Andhra Pradesh) Whether the beverages or drinks sold in the name and style of ARTOS orange or ARTOS Clear Lemon fall under fruit pulp or fruit juice based drink or not (2202 9920), which is liable to be taxed at 6% CGST and 6% SGST? Since […]

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