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Advance Rulings

GST TDS provisions applicable only to persons specified U/s. 51(1)(d)

June 19, 2019 2496 Views 0 comment Print

In re Jaipur Zila Dugdh Utpadak Sahakari Sangh Ltd. (GST AAR Rajasthan) Central Government by way of Notification No. 50/2018 (Central Tax) dated 13.09.2018 appointed the 1st day of October, 2018, as the date on which the provisions of section 51 of the said Act shall come into force with respect to persons specified under […]

Surveying Indian market for foreign group co. is mixed supply of Research and Development services

June 19, 2019 1770 Views 0 comment Print

The service supplied by the Respondent under the Marketing Services Agreement dated 1 December 2012 constitutes a mixed supply of Services falling under the Heading Research and Development services having SAC 9981, under the Heading Other professional, technical and business services bearing SAC 9983, and under the Heading other miscellaneous services bearing SAC 9997.

ITC on pre-engineered structure used in construction of warehouses

June 18, 2019 14127 Views 0 comment Print

In re Embassy Industrial Parks Private Limited (GST AAR Haryana) Q. Whether input GST credit can be availed by the Applicant on pre-engineered structures which is movable in nature and accounted as ‘Plant and machinery’ and not capitalized as an immovable property? Ans. As per the definition of immovable property contained in the General Clauses […]

No GST on Supply of goods from bonded warehouse to vessels 

June 15, 2019 18558 Views 0 comment Print

Supply from Bonded warehouse will fall under Schedule III of CGST Act and exempted from GST and supply from Non-Bonded warehouse will not fall under Schedule III of CGST Act and therefore not exempted from GST

No GST on Tanker water supply services with GPRS system help to local authority

June 13, 2019 19173 Views 0 comment Print

Whether the contract from Nagpur Environmental Services Ltd (NESL) Nagpur (a 100% subsidiary of the Nagpur Municipal Corporation, Nagpur) for providing services for the management of Non-Network Tanker with the help of GPRS system at Nagpur would be exempt from GST since it falls under the various exempt services in the article 243 W of the constitution of India as well as services rendered to a local authority,

Public funded research institution exempt from IGST on import of specified goods

June 13, 2019 6696 Views 1 comment Print

In re Indian Institute of Science Education and Research (GST AAAR Odisha) Appellant satisfies the requirement of being a Public funded research institution as provided in Notification No-51/1996-Customs, dated 23.07.1996 read with Notification No-43/2017-Customs dated 30.06.2017 and ruled accordingly for being entitled to the exemption from levy of IGST on import of specified goods as […]

GST rate on selling of space/ time for advertisement in print media for advertising companies

June 12, 2019 9540 Views 0 comment Print

In re Harmilap Media (P) Ltd. (GST AAR Uttarakhand) (a) applicability of GST rate on selling of space/ time for advertisement in print media in case of advertising companies; Selling of space for advertisement in print media by advertising company/ agency shall attract GST @ 5% [2.5% CGST + 2.5% SGST] in case of advertising […]

Notification No. 20/2018-CT (Rate) deals with refund of inverted duty structure only

June 12, 2019 8268 Views 0 comment Print

In re Uttaranchal Filament (India) (GST AAR Uttarakhand) Whether the meaning of word ‘lapse’ in Notification No. 20/2018-Central Tax (Rate) would mean lapse for refund or lapse for utilization of input tax credit for payment of output tax liability. Held- Notification No. 20/2018-Central Tax (Rate) dated 26-7-2018 deals with refund of inverted duty structure only. […]

Notification on TDS under GST not applicable on exempt supplies

June 10, 2019 19197 Views 0 comment Print

As Applicant is making an exempt supply, provisions of section 51 and, for that matter, Notification No. 50/2018-Central Tax dated 13/09/2018 to the extent they mandate and deal with mechanism of TDS, do not apply to his supply.

Input tax credit on motor vehicle purchase for supplying rent-a-cab service?

June 10, 2019 15138 Views 1 comment Print

GST paid on the purchase of motor vehicles for supplying rent-a-cab service is not admissible for credit in terms of section 17(5)(b)(i) of the GST Act.

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