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Advance Rulings

GST on works contract service of construction of fish market for Panchayat

June 30, 2021 3039 Views 0 comment Print

In re Tirupati Construction (GST AAR Gujarat) Whether the activity of composite supply of works contract service by way of construction of fish market for the Panchayat (Road and Building) Division, Valsad District Panchayat merits classification at Serial Number 3(vi)(a) of Notification No. 11/2017-Central Tax(Rate) dated 28-6-17 (hereinafter referred to as said NT)?” Ans. The subject Supply […]

GST under RCM on purchasing Scrap/Used vehicles by Composition Dealer

June 30, 2021 18822 Views 0 comment Print

In re Ahmedraza Abdulwahid Munshi (Nadim Scrap) (GST AAR Gujarat) 1. Composition Dealer purchasing Scrap/Used vehicles from the following Suppliers, namely: Central Government, State Government, Union territory or a local authority are liable to pay tax on RCM basis.  There is no RCM tax liability for purchase of Scrap/Used vehicles from unregistered dealers. FULL TEXT […]

Sprocket is classified under HSN 848390 tariff subheading

June 30, 2021 1998 Views 0 comment Print

In re Tripcon Engineering Pvt Ltd (GST AAR Gujarat) In GST, Goods are classified based on HSN. Classification is based on the Tariff entry. We note that there is a specific Tariff entry for ‘Chain Sprocket’ at HSN 8483. The HSN 848390 covers “tooth wheel, Chain Sprocket and other transmission element presented separately; parts. We […]

GST exempt on sewerage treatment services provided to TCMC

June 30, 2021 4725 Views 0 comment Print

In re New Tirupur Area Development Corporation Limited (GST AAAR Tamilnadu) the main question raised by the appellant and also the point of reference made by the members of AAR is whether the water supplied by the appellant is exempted under si. No. 99 of  Notifn. No. 2/2017-CT(R) and its equivalent SGST notification published vide […]

‘Britannia Winkin’ Flavoured Milk classifiable under CTH 22029930

June 30, 2021 2688 Views 0 comment Print

In re Britannia Industries Limited (GST AAAR Tamilnadu) AAAR held that UHT Sterilized Flavoured Milk marketed under the brand name ‘Britannia Winkin’ Cow Thick Shake’ by the appellant is not classifiable under the Tariff heading ‘0402 /0404″ but classifiable under CTH 22029930 as held by the Lower Authority. FULL TEXT OF THE ORDER OF AUTHORITY […]

ITC on inputs used in manufacturing expired cakes & pastries is not admissible

June 30, 2021 3738 Views 0 comment Print

In re Kanayalal Pahilajrai Balwani (Siddharth Foods) (GST AAR Gujarat) Whether or not there is requirement for reversal of input tax credit on goods used as raw material in manufacturing of expired cakes & pastries that were kept in display for use in course or furtherance of business. The applicants admits that subject cakes & pastries kept […]

No GST exemption on Drilling of Borewells for supply of water for agricultural operations

June 30, 2021 3399 Views 0 comment Print

In re Tvl. Aravind Drillers (GST AAAR Tamilnadu) Essentially, the moot point is whether the bore well drilling activity undertaken by the appellant on agricultural lands is qualified for the entry no. 54 of notfn. No. 12/2017-CGST(R). It is noted that the appellant while undertaking the borewell drilling activity for industries etc., (other than on […]

GST on Drilling of Borewells for supply of water for agricultural operations

June 30, 2021 34791 Views 2 comments Print

In re Tvl. Vallalar Borewells (GST AAAR Tamilnadu) Essentially, the moot point is whether the bore well drilling activity undertaken by the appellant on agricultural lands is qualified for the entry no. 54 of notfn. No. 12/2017-CGST(R). It is noted that the appellant while undertaking the borewell drilling activity for industries etc., (other than on […]

Alcohol-based hand sanitizer falls under Chapter Heading 3808

June 30, 2021 4725 Views 0 comment Print

In re Wipro Enterprises Pvt Ltd (GST AAAR Karnataka) As regards the rate of tax on alcohol-based hand sanitizer, the goods falling under Chapter Heading 3808 attract a tax rate of 9% CGST and 9% SGST in terms of entry Sl.No 87 of Schedule III of Notification No. 11/2017 CT (R) dated 28-06-2017. With effect […]

Motor Car Air Springs (shock absorber) classifiable under CTH 8708: AAAR

June 29, 2021 2049 Views 0 comment Print

In re SI AIR Springs Private Limited (GST AAAR Tamilnadu) In the case at hand, the product is not a joint, washer or the like, it is an ‘Air bellow’, a specifically designed part for use in the Motor Vehicle as a Shock absorbent and therefore, even if the part which gives the essential character […]

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