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Advance Rulings

No ITC for GST paid on purchase of motor vehicles for supplying rent-a-cab service

June 10, 2019 4593 Views 0 comment Print

In Re Mohana Ghosh (GST AAR West Bengal) GST paid on purchase of motor vehicles for supplying rent-a-cab service is not admissible for credit in terms of section 17(5)(b)(i)  The applicant was supplying cabs on a rental basis. It submitted that people take the car on rent for the transportation of passengers. Rent-a-Cab was, therefore, […]

Whether resuscitation of a river is an exempt supply under GST

June 10, 2019 2511 Views 0 comment Print

In re Neo Built Corporation (GST AAR AAR West Bengal) The recipient is engaged in the development of irrigation and waterways, which includes activities in relation to the function listed under SI No. 5 of the Eleventh Schedule. Resuscitation of a river means reviving the water flow. It is, therefore, relatable to the function listed under […]

Whether drainage of channels and riverbeds is an exempt supply?

June 10, 2019 3249 Views 0 comment Print

The recipient is engaged in the development of irrigation and waterways, which includes activities in relation to the function listed under SI No. 5 of the Eleventh Schedule, and, therefore, entrusted to a panchayat under Article 243G of the Constitution of India. The recipient certifies that the work awarded to the Applicant, involving drainage of channels and riverbeds, is an activity undertaken in relation to the function referred to above.

Instrument Cluster is covered under HSN 8708 as parts of motor vehicle

June 10, 2019 8145 Views 0 comment Print

In re Imperial Motor Stores (GST AAR Maharashtra) Undisputed facts of the present case is that the applicant supply ‘clusters’ in which several instruments are clustered. Thus, there is no supply of individual instrument. We agree with the contention of the jurisdiction officer that Electronic cluster is the distinct product having distinct name, use from […]

Upgrading navigability of Mandarmoni River is exempt supply under GST

June 10, 2019 765 Views 0 comment Print

The recipient is engaged in the development of fisheries. The term ‘fisheries’ is typically defined in terms of the people involved, species or type of fish, area of water or seabed, method of fishing, class of boats, the purpose of the activities or a combination of the preceding features.

Online / Offline tendering is Supply of Goods & Services

June 10, 2019 18873 Views 0 comment Print

In re Navi Mumbai Municipal Corporation (GST AAR Maharashtra) Q. 1. Whether online tendering to be considered as Supply of Goods or Supply of Services. Ans: Online tendering will be considered as Supply of Services, Q 2. Whether offline tendering to be considered as Supply of Goods or Supply of Services. Ans: Offline tendering in […]

Residue left after peeling of wood is waste/scrap attracting 5% GST

June 10, 2019 4539 Views 0 comment Print

In re Parvatiya Plywood (P) Ltd. (GST AAR Uttarakhand) (i) The residue left after peeling of wood is to be called as wood waste/scrap and is classifiable under Chapter Heading 4401 31 00 or 4401 39 00 and will attract GST @ 5% as on date. (ii) The forfeited amount pertains to service and is […]

Question on Assessment of supplies based on taxability out of purview of AAR

June 7, 2019 756 Views 0 comment Print

In re Cummins Technologies India Private Limited (GST AAR Maharashtra) The applicant has sought clarification in respect of various services rendered by them to their group company situated abroad, as to whether such services being supplied by them for consideration to an overseas group company, the liability to pay tax on the subject supplies can […]

AAR cannot decide on whether member or Non member of Society will be at par

June 4, 2019 1749 Views 0 comment Print

In re Kabra Galaxy Star 3 Co-Op Housing Society (GST AAR Maharashtra) The question asked is, whether members of the society will be at par with the other individual flat owners who are not members. Section 97(2), which encompasses the questions, for the ruling by the AAR does not cover the question raised by the […]

GST payable on contribution to DMF and NMET

June 4, 2019 3360 Views 0 comment Print

Determination of the liability to pay tax on contributions made to District Mineral Foundation (DMF) and National Mineral Exploration trust (NMET) as per MMDR Act, 1957.

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