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Advance Rulings

Supply of mining service | GST payable on contributions to NMET & DMF

December 1, 2020 1524 Views 0 comment Print

The contributions to National Mineral Exploration Trust (NMET) and District Mineral Foundation (DMF) qualify as consideration towards supply of mining service by Andhra Pradesh Government and they being includible under value of supply, are chargeable to GST under the Reverse Charge Mechanism in the hands of the applicant, i.e., service recipient.

No GST exemption on leasing of real estate property for Business

November 28, 2020 1542 Views 0 comment Print

In re Lakshmi Tulasi Quality Fuels (GST AAAR  Andhra Pradesh) Appellant has let out her building on a monthly rental basis of Rs.7,20,000/- that consists of 73 rooms with all amenities like exhaust fans, geysers, lights and fittings, sanitary fittings, etc., provided by the Lessor and the lessee shall pay all operational costs to the […]

Supply of mud engineering services & imported mud chemicals not constitute composite supply

November 28, 2020 1119 Views 0 comment Print

In re Halliburton Offshore Services Inc. (LIH) (GST AAR Andhra Pradesh) The supply of mud engineering services along and supply of imported mud chemicals and additives are different supplies and do not constitute composite supply. In the instant case, the appellant uses certain specialized equipment / tools for drilling oil and gas wells in offshore […]

GST not payable on gifts not exceeding Rs. 50000 given by employer to an employee

November 27, 2020 5631 Views 0 comment Print

In re Beumer India Pvt. Ltd. (GST AAAR Haryana) Sub-Section (2) of Section 56 of Income Tax Act 1961 taxes sums received under the Head ‘Income from Other Sources’. Clause (vii)(a) of sub-section (2) of Section 56 includes the sum of money where it exceeds Rupees 50000/- received by an Individual or an HUF without […]

Metal Nuts with & without metrical threading falls under HSN 87089900

November 26, 2020 2160 Views 0 comment Print

In re A Raymond Fasteners India Pvt. Ltd (GST AAAR Maharashtra) The Maharasthra Appellate Authority for Advance Ruling set aside the Advance Ruling No. GST-ARA-47/2019-20/B-33, dated 17.03.2020, pronounced by the MAAR. Further hold that the impugned goods, i.e., Metal Nuts with metrical threading, Metal Nuts without metrical threading, and Metal Spring Nuts, will be considered […]

Shatarnrut Chyavan is animal feed supplement & falls under HSN 23099010

November 23, 2020 2454 Views 0 comment Print

As it has been established that the impugned product टShatarnrut Chyavan’ is an animal feed having specific use, viz.- increasing the milk production of the cattle and increasing the immunity of the cattle to fight diseases, and the said impugned product is also known in the market as the cattle feed supplement only, therefore, the said impugned product would be classified as animal feed supplement, and accordingly would merit classification under the Chapter Heading 2309 and under the Tariff Item 2309 90 10, and would not attract any GST in terms of SI. No. 102 of the Notification No. 2/2017-C.T. (Rate), dated 28.06.2017.

GST AAR cannot give ruling on ‘appropriation of taxes’ & ‘refund’

November 23, 2020 1701 Views 0 comment Print

In re Kakatiya Cement Sugar & Industries Ltd (GST AAR  Andhra Pradesh) 1. Can the tax paid at wrong jurisdiction be appropriated and 2.  Refund of accumulated GST paid on Lime Stone Royalty under RCM. Applicant sought Advance Ruling on questions of ‘appropriation of taxes’ and ‘refund’ which is outside the purview of the Advance […]

GST on services provided by University to its constituent colleges relating to admission to, or conduct of examination

November 19, 2020 15078 Views 0 comment Print

In re Bharathiyar University (AAR GST Tamilnadu) Whether the services provided by the University to its constituent colleges (viz) self-financing and management colleges relating to admission to, or conduct of examination by such institution by way of affiliation fee, registration fee such as 1. Application form fees 2. Application fees (Application* Registration fee) (each course/section) […]

GST on construction of Bungalow/Quarters for IIT, Bhubaneswar

November 19, 2020 2052 Views 0 comment Print

In re NBCC (INDIA) Limited (GST AAR Odisha) We see that the applicant has been awarded construction of Directors Bungalow, 40 nos. staff Quarters, 84 nos Faculty Quarters in the IIT Campus, Bhubaneswar. We also observe that the civil construction of residential quarters is not the primary work entrusted to IIT, Bhubaneswar. Accordingly, we fail […]

Compass Group allowed to withdraw application by AAR Telangana

November 18, 2020 642 Views 0 comment Print

In re Compass Group (India) Support Services Private Ltd. (GST AAR Telangana) In the reference 1st cited, M/s. Compass Group (India) Support Services Private Limited, has sought certain clarification by filing an application for Advance Ruling. Through the reference 2nd cited, All the Joint Commissioner(CT), All Deputy Commissioners(CT), All the Assistant Commissioners(CT), All the Senior […]

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