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Advance Rulings

AAR cannot determine whether GST liability is justified/valid or amount to double taxation or not

June 17, 2021 3930 Views 0 comment Print

In re Bhopal Dugdh Sangh Sahakari Maryadit (GST AAR Madhya Pradesh) Authority is of the view that based within the meaning of Section 97 of the GST Acts, an application for Advance Ruling can only be made to determine the ‘liability to pay tax’ on any goods or services or both. The Applicant himself accepts […]

Epoxidised Soya bean Oil classifiable under tariff item 1518

June 17, 2021 2991 Views 0 comment Print

In re Dhanraj Organics Private Limited (GST AAR Madhya Pradesh) AAR ruled that Epoxidised Soya bean Oil is rightly classifiable under tariff item 1518 and GST @5% is leviable as the said product is specifically covered under the entry no.90 of Schedule-I of Notification No. 1/2017-Central Tax (Rate) dated 28.07.2017. as amended from time to […]

Mere acceptance of joint custody of goods not amounts to Supply

June 17, 2021 1167 Views 0 comment Print

AAR held that, that mere acceptance of joint custody of goods without rights, privileges of ownership of goods does not amount to supply.

GST on scientific & technical instruments/equipment supplied to NCPOR

June 14, 2021 19029 Views 0 comment Print

In re Thermo Fisher Scientific India Pvt. Ltd (GST AAR Maharashtra) Question : Whether Applicant is correct in charging 2.5% CGST and SGST or 5% IGST, as applicable, by applying Notification No. 45/2017-Central Tax (Rate), Notification No. 45/2017 -S.T.(Rate) and Notification No. 47/2017-Integrated Tax (Rate) all dated 14.11.2017 on the scientific and technical instruments/ equipment […]

GST payable on operating mini AC buses for BEST

June 14, 2021 3852 Views 0 comment Print

In re M P Enterprises & Associates Limited (GST AAR Maharashtra) Question 1:- Whether the service of operating mini AC buses by the applicant for Brihan Mumbai Electricity Supply Transport Undertaking (BEST) would be exempt from payment of GST under Tariff Heading 9966 i.e. ‘services by way of giving on hire to a state transport […]

AAR explains Requirement of TDS under Section 51 of CGST Act 2017

June 8, 2021 3363 Views 0 comment Print

In re Udupi Nirmithi Kendra (GST AAR Karnataka) In the first scenario, since the value of the single invoice is more than Rs.2.5 lakh, there is no doubt that the tax deduction at source is applicable under section 51 subject to other conditions. In the second scenario, the applicant has clearly stated that the value […]

GST on Machinery used for processing & packing of raisins & sold to framers & farmer clusters

June 7, 2021 3357 Views 1 comment Print

In re M/s Wave Colour Techniks (GST AAR Karnataka) What is the applicable rate of GST on following machines? Automatic Feeder with Breaker, Pre-washer Machine, Drying Machine, Cleaning and Grading Machine, Pre-stem remover, Riffle Washer, Stem Remover, Spin Dryer, Automatic Weighing Machine? 1. The machineries manufactured and sold by the applicant like Automatic Feeder with […]

No GST on Supply by Govt/Govt Entity to Govt/Govt Entity against consideration in the form of Grant

June 7, 2021 15192 Views 0 comment Print

In Re Bellary Nirmiti Kendra (GST AAR Karnataka) Whether supply of service by a Government controlled Association to State Government, Local Authority or any person specified by State Government, Local Authority against consideration received from State Government, Local Authority, in the form of grants is liable to GST? The supply of service by a Government […]

GST payable on Notice Pay by an employee to Employer

June 7, 2021 7518 Views 0 comment Print

AAR held that, GST is applicable on payment of notice pay by an employee to employer in lieu of notice period and telephone charges, Group Medical Insurance Policy (Policy) recovered from employees and free of cost canteen facility provided to employees. Further, Input Tax Credit (ITC) is not available with respect to canteen services provided by the employer to their employees.

GST payable on External & Infrastructure Development contributing to value of flats

June 4, 2021 9198 Views 0 comment Print

In re  Ashiana Housing Ltd. (GST AAAR Haryana) In the Appellant’s case however the under relevant law viz. the HDRUA (Haryana Development and Regulation of Urban Areas) Act 1975, the External Development and Infrastructure Development charges are meant to meet, respectively, the cost of external development work to be carried out in respect of an […]

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