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Advance Rulings

GST not payable under RCM on receipt of services if same is not Import

October 1, 2020 2673 Views 0 comment Print

In re Tokyo Electric Power Company (GST AAR Odisha) We see that the applicant has entered into an agreement with M/s OPTCL, Bhubaneswar, Odisha to provide consulting services. The scope of the services is Technology transfer for the outdoor GIS O&M and GIS operation Manual preparation. The applicant would carry out the services through its […]

Renting of e-bikes/bicycles without operator cannot be classified under SAC 9973

September 30, 2020 4299 Views 0 comment Print

In re Yulu Bikes Pvt. Ltd. (GST AAR Karnataka) Renting of e-bikes/bicycles without operator cannot be classified under SAC 9973 – Leasing or rental services without operator and Sl.no. 17(viia) of Notification no. 11/2017 CT(R) dated 28th June 2017 as amended is not applicable to the instant case. Read AAAR Order- Renting of e-bikes/bicycles without […]

Concessional GST rate of 12% applicable on Laboratory Reagents

September 30, 2020 2886 Views 0 comment Print

In re Imperial Life Sciences Pvt. Ltd (GST AAAR Haryana) In view of the discussions and findings and the CBIC’s Circular No. 163/19/2021-GST dated 6th October 2021, issued under F.No. 190354/ 206/2021-TRU, AAAR hold that concessional GST rate of 12% is applicable on all goods falling under heading 3822, vide Entry at S.No. 80 of […]

ITC not eligible on services for construction of covered logistics facility space

September 30, 2020 2262 Views 0 comment Print

Whether Input Tax Credit of GST in respect of inputs in form of goods and services be eligible if the goods and services are consumed and used in construction of covered logistic facility space when the said Input Tax Credit would be utilized in order to discharge and pay CGST and HGST/IGST on rent received from tenants of the warehouse.

Service by way of grant of mining rights by State Govt classifiable under heading 997337

September 30, 2020 2388 Views 0 comment Print

AAAR held that service by way of grant of mining rights by the State Government is classifiable under heading 997337 and is covered by serial number 17 of notification number 11/2017 Central/State Tax (Rate), dated 28.06.2017, and the said service is taxable at the rate of 18% (9% CGST + 9% SGST) during the period 01.07.2017 to 31.12.2018; Post 1st January, 2019 no dispute remains, it is taxable at the rate of 18% (9% CGST + 9% SGST) as stated above

Marketable/consumable/Manufactured Chewing tobacco classifiable under CTH 24039910

September 29, 2020 1506 Views 0 comment Print

In re Kavi Cut Tobacco (Prop: Arumugam) (GST AAAR Tamilnadu) The appellant has stated to have purchased ‘Raw dried tobacco leaves’ from wholesale dealers/farmers and then undertakes the process of grading, drying, dipping in jaggery water, stalking, semi-drying, mincing, subjecting to natural/agricultural preservatives, weighing and packing for supply. Thus, the raw material which is ‘Raw […]

Supply to OKCl cannot be held to be a supply to Government

September 29, 2020 1329 Views 0 comment Print

In re Telecommunications Consultants India Ltd. (GST AAAR Odisha) We notice that the Authority for Advance Ruling, Odisha, in their findings (para 5.3 of the Order) has clearly observed that Odisha Knowledge Corporation Limited (OKCL) was promoted by the Higher Technical Education Department, Govt of Odisha and was incorporated under the Companies Act, 1956, as […]

Proportionate ITC on procurement of capital goods for power generation business can be claimed

September 28, 2020 8712 Views 0 comment Print

In re Kumaran Oil Mill (GST AAR Tamilnadu) Whether proportionate claim of input tax credit for procurement of capital goods can be made for power generation business? The applicant is eligible for Proportionate claim of Input Tax Credit as per Section 17(2) of the CGST/TNGST Act read with Rule 42/Rule 43 of CGST/TNGST Rules 2017 […]

GST on Telecommunications Works as part of main Contract of SIEMENS Ltd pertaining to metro rail project in Chennai

September 28, 2020 2853 Views 0 comment Print

In re ST Engineering Electrnics Limited (GST AAR Tamilnadu) Whether rate of tax at 6% CGST, available to Composite supply of works contract as defined in clause(119) of section 2 of the Central Goods and Services Tax Act, 2017 provided by way of construction, erection, commissioning, or installation of original works pertaining to Metro, vide- […]

GST on residential affordable housing project

September 28, 2020 13920 Views 0 comment Print

In re Primarc Projects Pvt Ltd (GST AAR West Bengal) Whether the applicant is eligible for tax concession for its RREP named Akriti being an affordable housing project? The works contract service for the construction of those dwelling units in the project named ‘Akriti’ (WBHIRA Registration No. HIRA/P/PUR/2018/000003) that are affordable residential apartments in terms […]

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