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Advance Rulings

AAR cannot rule on documents required to prove receipt of proceeds in foreign currency

March 13, 2020 1578 Views 0 comment Print

In re Thinklab Edusoft LLP (GST AAR Rajasthan) In the instant case, we observe that the following question sought by the applicant are outside the scope of Section 97(2) of CGST Act 2017 therefore the application is liable for rejection without going in to the merit of the case under Section 98(2) of CGST Act […]

Recipient of services cannot apply for Advance Ruling under GST

March 12, 2020 1731 Views 0 comment Print

In re Portescap India Private Limited (GST AAR Maharashtra) Section 95 of the CGST Act, 2017 allows this authority to decide the matter in respect of supply of goods or services or both, undertaken or proposed to be undertaken by the applicant. We find that the applicant has not undertaken the supply in the subject […]

No ITC of GST on input & input services used for construction of commercial immovable property, subsequently used for renting

March 12, 2020 11784 Views 1 comment Print

In re Ashish Arvind Hansoti (GST AAR Maharashtra) Question : Whether applicant is eligible to claim input tax credit of GST paid on input & input services used for construction of commercial immovable property, subsequently used for renting? Section (17) (5) (d) bars a taxable person, in the subject case the applicant, from taking input […]

AAR Maharashtra allows Lfonds India to withdraw Application

March 12, 2020 546 Views 0 comment Print

In re M/s. Lfonds India Pvt. Ltd. (GST AAR Maharashtra) The applicant has submitted a letter dated 24.02.2020 and requested that they may be allowed to voluntarily withdraw their subject application filed on 24.02.2020. The request of the applicant to withdraw the application voluntarily and unconditionally is hereby allowed, without going into the merits or […]

Fusible Interlining Fabrics of Cotton Falls under HSN Code 5903

March 12, 2020 4377 Views 0 comment Print

In re Ruby Mills Ltd. (GST AAR  Uttarakhand) Whether fusible interlining fabrics of Cotton fall for classification HSN Code 5903 or under chapter 52? On perusal of the Note 2 to Chapter heading 5903 , we find that the said heading covers textile fabrics, impregnated, coated, covered or laminated with plastics. Such products are classified here whatever […]

IGST paid under RCM eligible for ITC

March 12, 2020 6849 Views 0 comment Print

In re Fom Aluminium Machines Pvt. Ltd. (GST AAR Karnataka) The third question which reads as ‘Is IGST paid under RCM eligible for ITC?’ The levy of IGST is only on the inter-state supplies and importation of goods/services is treated as inter-state supply, in terms of Section 7(2)/7(4) of the IGST Act 2017 respectively. The […]

AAR Application not admissible if Applicant is not supplier

March 11, 2020 705 Views 0 comment Print

In re Futuredent (GST AAR Maharashtra) We find that the applicant has not undertaken the supply in the subject case, and is also not proposing to undertake the supply. We find that, the applicant is a recipient of services from a person situated abroad. The impugned transactions are not in relation to the supply of […]

No GST on Salary expenses accounted to meet Indian accounting requirements

March 11, 2020 2250 Views 1 comment Print

 Whether GST is applicable on the accounting entry made for the purpose of Indian accounting requirements in the books of accounts of Project Office for salary cost of Expat employees?

AAR application not admissible on separate invoice issue to each co-owners

March 11, 2020 1014 Views 0 comment Print

In re Rishabh Chopda (GST AAR Maharashtra) The first question raised by the applicant is whether the co-operative society, in the present case has to issue four separate invoices to each of the four co-owners so that all of them can get proportionate input tax credit. We find that the said question is raised on […]

AAR should have decided the issue of Liability to pay GST under RCM: AAAR

March 11, 2020 2226 Views 0 comment Print

Advance Ruling on the questions related to the determination of the liability to pay tax including the liability under RCM (Reverse Charge Mechanism) can be sought by the Applicant in terms of the provisions related to the Advance Ruling as provided under Chapter XVII of the CGST Act, 2017.

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