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Advance Rulings

Advance ruling cannot be given if both members have different views

October 22, 2020 828 Views 0 comment Print

In re Abhishek Darak (GST AAR Uttarakhand) In this case both the members have different views on the taxability of ‘sale of developed land/plot’, the other issues related to it becomes irrelevant and hence, the ruling cannot be given to such related issues. In light of above discussion & findings, we have different views in […]

Solid Waste Management services classifiable under SAC 9994

October 21, 2020 14868 Views 0 comment Print

In re Zigma Global Environ Solutions Private Limited (GST AAR Tamilnadu) Q. Classification of the services viz ‘Solid waste management – Revamping of existing dumped Garbage in compost yards by Bio -mining process’ provided by the applicant to M/s. Erode City Municipal Corporation, Erode?  A. Solid Waste Management-Revamping of Existing Dumped Garbage in Compost Yards by […]

Nizam Pakku merits classification under Chapter 08028090

October 21, 2020 4020 Views 0 comment Print

Shri Abdul Razak Safiullah (GST AAR Tamilnadu) Q. Whether the ‘Nizam Pakku’ bought and sold by the Applicant, the manufacturing process of which has been explained by them, is classifiable under Chapter heading 0802 8030 of the Customs Tariff and hence attract 2.5 % CGST as per Sl.No.28 of Schedule I of Notification 1/2017 Central […]

5% GST on sale of Micafunign Sodium by DTA unit of BIOCON: AAAR

October 21, 2020 1365 Views 0 comment Print

Sale of Micafunign Sodium by the DTA unit of Appellant is covered under Serial No. 114 of Entry No. 180 of Rate Notification No 01/2017 CT (R) and therefore, is leviable to GST at the rate of 5%’.

Non-woven fabric bags classifiable under Tariff item 63053300

October 20, 2020 1347 Views 0 comment Print

In re Shivalika Enterprises (GST AAR Himachal Pradesh) Chapter Note 2(a) of Chapter 63 states that Sub Chapter 1 does not cover goods of Chapter 56 to 62. However, it does not exclude goods manufactured from raw material falling under Chapter 56 to 62. Therefore, non-woven fabric bags are not excluded from Chapter 63 by […]

Overseas Commission Agent is covered within the definition of term intermediary’

October 15, 2020 3732 Views 0 comment Print

In re Midas Foods (P) Ltd (GST AAR Uttarakhand) (a) Whether Overseas Commission Agent is covered within the definition of the term ‘intermediary’ as provided under section 2(13) of the IGST Act, 2017; Overseas Commission Agent is covered within the definition of the term intermediary’ as provided under section 2(13) of the IGST Act, 2017; […]

‘Healthcare services’ classifiable under service code 9993

October 15, 2020 9525 Views 0 comment Print

In re Shubham Sarvam Medical Projects LLP (GST AAR Uttarakhand) On perusal of aforesaid legal provisions , we find that all the healthcare services by a clinical establishment or authorized medical practitioner or para medics by way of diagnosis or treatment or care for illness, injury, deformity, abnormality or pregnancy and services by way of […]

ITC of goods & services used for lying of cross-country pipeline nearby river till boundary wall of Factory

October 15, 2020 2973 Views 0 comment Print

I. Whether input tax credit of GST paid on goods and services used tor laying of cross-country pipeline nearby river till the boundary wall of the Factory can he taken by the Appellant? II. Whether input tax credit can be availed on Operation and Maintenance Services (‘0 & M Services’) obtained by the Appellant for the maintenance of the facility?

GST on Refining & testing of purity of gold from old jewellery & coins/biscuits

October 14, 2020 15585 Views 0 comment Print

In re Uday Laxman Jadhav (GST AAR Gujarat) 1. Whether services of; (i) Refining of gold from old jewellery and coins/biscuits, and (ii) Conversion of old gold jewellery into coins/biscuits as per specification given by service recipient; Provided to registered person will be covered under the definition of job work under section 2 (68) of […]

GST payable on non-returnable Common Maintenance Fund (Deposit)

October 14, 2020 2979 Views 0 comment Print

In re Capital Commercial Co-op. (Service) Society Limited (GST AAR Gujarat) In the instant case, we find that the applicant is a registered entity as an Association of Persons and has a legal existence separate from its members. The applicant is collecting the amounts towards “Common Maintenance Fund (Deposit)” @ Rs.250/- per square foot of […]

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