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Advance Rulings

GST on Gudakhu, a tobacco product in paste form used as a Tooth paste

February 5, 2019 4431 Views 0 comment Print

In re M/s Prabhat Gudakhu factory (GST AAR ODISHA) In the scheme of classification of tobacco product for the purpose of assigning HSN Code under tariff sub-heading 2403 11, only water pipe tobacco intended for smoking in a water pipe are included and not any other form of tobacco. As explained above, the applicant is […]

No GST exemption to IMS Proschool on services not in relation to NSDC programme

February 4, 2019 2469 Views 0 comment Print

In re IMS Proschool Pvt. Ltd. (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling upheld  the ruling given by the Advance Ruling Authority by observing  that since they are not providing any services in relation to the NSDC programme implemented by the NSDC, they are not eligible for the  exemption provided in the entry […]

Reactor ensuring disinfection of water comes under HSN 8421 21 90

February 4, 2019 906 Views 0 comment Print

In re Taraltec Solutions Pvt. Ltd (AAAR Maharashtra) It is evident that the impugned product manufactured by the Appellant does not merit classification under the sub-heading 8413 91- as “Hand Pumps and parts thereof” as contended by the Appellant. We hold that the same is classifiable, in line with the contention made by the Jurisdictional […]

GST advance ruling cannot be sought on activity undertaken in Past

January 31, 2019 2538 Views 0 comment Print

In re Shyam Singh Champawat, M/s Laxmi Machinery Store (GST AAR Rajasthan) The questions sought by the applicant are related to activity undertaken in past-period thus not eligible for advance ruling as per Section 95(a) of CGST/RGST Act, 2017 and hence no ruling is given. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING,RAJASTHAN Note: […]

GST on Works Contract of Composite Supply for Government Dept

January 31, 2019 15834 Views 0 comment Print

The activity of supply, design, installation, commissioning and testing of solar energy based water pumping systems and O & M work by the applicant is a Works Contract of Composite Supply. This composite supply is a mixed of goods and services and predominant supply is supply of services. Since this supply is proposed to be undertaken for a Government Department, hence the rate of tax applicable on given service (as it is a works contract service) shall fall under Entry 3(iii) with HSN Code 99544 and it should be IGST@12%(CGST@6%, SGST@6%).

12% GST on design & installation of reverse osmosis plant for Govt

January 31, 2019 12360 Views 0 comment Print

In re Mr. Mr. Kailash Chandra (M/s Mali Construction) (GST AAR Rajasthan) The activity of supply, design, installation, commissioning and testing of reverse osmosis plant and O &M work by the applicant is a Works Contract of Composite Supply. This composite supply is a mixed of goods and services and predominant supply is supply of […]

AAR cannot decide on place of supply

January 31, 2019 567 Views 0 comment Print

Applicant, sought Advance Ruling in Place of Supply issue, which is outside the purview of the Advance Ruling Authority as per Section 97(2) of CGST Act, 2017 Hence the application is not admitted under Sec 98 (2) of CGST Act, 2017 and APGST Act, 2017.

AAR refers matter to Appellate Authority due to different views on the issue

January 30, 2019 2751 Views 0 comment Print

In re M/s NHPC Limited (GST AAR Uttarakhand) Whether the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 (as amended from time to time) is applicable to the contractors/sub-contractors involved in the construction of Indo-Nepal Border Road or otherwise? We have different views on the applicability of GST on the sub-contractors as discussed supra. Since we […]

AAR ruling on GST on Polyester Viscose fusing Interlining Woven Fabric

January 30, 2019 1254 Views 0 comment Print

In re Goodwear fashion Pvt Ltd.  (GST AAR Uttarakhand) Whether Interlining Fabrics is classified under HSN Code 5903 or should be classified as per the blend of Yarn (in chapter 52-55). Specimen fabric i.e. ‘Polyester Viscose fusing Interlining Woven Fabric, partially covered with plastic which leads to plastic coated pattern that is visible on its […]

GST on value of materials recovered on cost recovery basis

January 30, 2019 2274 Views 0 comment Print

In re GVS projects Private limited (GST AAR Andhra Pradesh) Whether the value of materials recovered from our RA bills issued on cost recovery basis by APSPDCL is liable to tax under RCM as per Notification No.13/2017 Central Tax Rate dated 28.06.2017 or not ? The value of materials recovered on cost recovery basis by […]

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