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Advance Rulings

GST Rate on inter-state supply of parts of railways in unassembled condition

April 24, 2019 741 Views 0 comment Print

In re JSL India Pvt. Ltd. (GST AAR Haryana) Q1. What would be the rate of tax applicable on inter-state supply of parts of railways in unassembled condition? Ans: From the explanatory note VII mentioned above, it is clear that complete or finished articles presented unassembled or disassembled are to be classified in the same […]

No ITC on expense of Gift items given as brand reminders

April 24, 2019 8973 Views 0 comment Print

In re Sanofi India Limited (GST AAR Maharashtra) Whether input tax credit is available of the GST paid on expenses incurred towards promotional schemes of Shubh Labh Loyalty Program? if we accept the contention of the applicant that the promotional items are supplied as a contractual obligation e.g. watch is given under the contractual obligation […]

Work contracts service to APEPDCL not eligible for concessional GST rate of 12%

April 24, 2019 849 Views 0 comment Print

In re Vijai Electricals Limited (GST AAAR Andhra Pradesh) Ruling of AAR is upheld. Confirmed that the work contracts service rendered by M/s Vijai Electricals (the appellant) to APEPDCL are not eligible for concessional rate of tax 12% as per serial no.3 of entry no.vi (a) of notification no. 24/2017 Central Tax (Rate) dated 21-09-2017. […]

AAR bound to pronounce ruling within 90 days of receipt of application

April 23, 2019 396 Views 0 comment Print

In re Kayden Investments Pvt. Ltd. (GST AAR Haryana) In order to decide the admissibility of the application, the applicant was called upon to appear before this Authority on 12.04.2019 vide memo no. 664 dated 09.04.2019, but none appeared on behalf of the applicant. Thereafter, notice of appearance was sent for 22.04.2019 vide memo no. […]

Intent or objective of any club or association immaterial for leviability of GST

April 23, 2019 1425 Views 0 comment Print

Accordingly, it is believed that under the GST Law, the intent or objective of any club or association is immaterial in so far as the leviability of GST is concerned. Therefore, provision by club, association, society, or any such body (for a subscription or any other consideration) of the facilities or benefits to its members will surely attract GST irrespective of the fact that such club is not set up with the objective of providing any goods or service to its members.

Branded Frozen Chicken supplied in container falls under HSN 02071200

April 22, 2019 11352 Views 0 comment Print

In re M/s Gitwako Farms India Pvt. Ltd. (GST AAR Rajasthan) What is the classification when the Frozen Chicken is sold in packaged form and it’s HSN code? The Branded Frozen Chicken supplied in a unit container is classifiable under HSN Code 02071200. Whether frozen chicken as sold by the company is exempt under Entry […]

Breaded Cheese classifiable under Heading 0406; 12% GST applicable

April 18, 2019 1344 Views 0 comment Print

In re Savencia Fromage & dairy Pvt. Ltd. (GST AAAR Uttar Pradesh) Under a residuary entry only such goods are covered which cannot be brought under the various specific entries in the tariff. In other words unless the Department can establish that the goods in question can by no conceivable process of reasoning be brought […]

No GST on reimbursement of delayed payment for purchase of securities

April 18, 2019 1638 Views 0 comment Print

In re SPFL Securities Ltd (GST AAAR Uttar Pradesh) The nature of the delayed payment charges are being summarized below for understanding its taxability under the GST law:- Where the client makes delay (i.e. beyond T+1 statutory time limit for payment as per SEBI regulations) in reimbursing the expense (being purchase consideration of the securities […]

GST on Forced Lubrication / Emergency Lube Oil Pumps etc. supplied to Indian Navy

April 16, 2019 6831 Views 0 comment Print

Forced Lubrication Pumps, Emergency Lube Oil Pumps , DG Lub Oil Transfer Pumps and Triple Screw Pumps manufactured by the Applicant supplied to the India Navy for commissioning in its Vessels and Warships are parts of ‘All types of Vessels & Warships”

GST on EPC contract for establishment of Fluids Servicing System

April 16, 2019 2898 Views 0 comment Print

In re Tata Projects Limited (GST AAR Tamilnadu) Q1. Whether supply of Engineering, Procurement and Construction (EPC) contract for establishment of Fluids Servicing System where in both goods  and services are supplied can be construed to be a composite supply in terms of Section 2(30) of CGST Act, 2017. The Supply of Engineering, Procurement and […]

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