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Advance Rulings

Benefit of reduced GST rate not available to Evacuated Tube Collector

December 31, 2018 2127 Views 0 comment Print

The product Evacuated Tube Collector (ETC) though falls under Chapter 84 heading 19 but is not covered under SL.No.234 of Schedule-I of the Notification 01/2017-Integrated Tax(Rate) dated 28.06.2017, effective from 01.07.2017, & hence not entitled for concessional rate of 5% IGST.

18% GST payable on Industrial Grade Quick and Slacked Lime

December 31, 2018 8259 Views 0 comment Print

In re Palaniappan Chinnadurai (GST AAR Tamilnadu) What is the applicable chapter and GST rate for Industrial Grade Quick Lime having 86% of Calcium Oxide content and Industrial Grade Slacked Lime having 86% of Calcium Hydroxide content? Industrial Grade Quick Lime having 86% of Calcium Oxide content and Industrial Grade Slacked Lime having 86% of […]

Foreign supplier exporting goods to FTWZ which subsequently sold to Indian customers need not register under GST

December 31, 2018 13200 Views 0 comment Print

In re M/s. Sadesa Commercial Offshore De Macau Limited (AAR Tamilnadu) Whether sale of tanned bovine leather stored in Free Trade Warehousing Zone (FTWZ) by a foreign supplier which is cleared to Domestic Tariff Area (DTA) customer in India would result in supply subject to levy under sub section 1 of section 5 of the […]

IGST on Goods warehoused in FTWZ & supplied to a DTA unit

December 31, 2018 27513 Views 0 comment Print

In re M/s. The Bank of Nova Scotia (AAR Tamilnadu) 1. Whether IGST is payable on Goods warehoused in FTWZ and supplied to a DTA unit, in addition to the customs duty payable [i.e. Basic Customs Duty(BCD) + IGST] on removal of goods from the FTWZ unit? 1. For supply of warehoused goods, while being […]

GST payable on hostel services provided by Trusts to students

December 29, 2018 10713 Views 1 comment Print

In re Students’ Welfare Association (GST AAR Maharashtra) Question -1(a). Whether hostel accommodation provided by Trusts to students is covered within the definition of Charitable Activities and thus, exempt under SI. No. 1 of notification No.12/2017-CT (Rate)? Question -1(b). Whether the supply of residential or lodging services @ Rs. 22,250/- per annum is covered by […]

Aluminium Alloys cannot be supplied under Govt. Notification no. 47/2017

December 29, 2018 1125 Views 0 comment Print

From a perusal of the said certificate, we find from that recipient is a public funded institution and Notification No. 47/2017 is applicable in respect of supplies made to them but only goods specified in the column no. (3) of the table in the Notification are liable for concessional rate of tax @ 5%. Thus goods other than those mentioned in the said Notification are not to be liable for concessional rate of 5% tax, except the goods having originally been held as a 5% in the schedule entries.

GST is not applicable on interest free security deposit

December 29, 2018 26331 Views 0 comment Print

In re E-Square Leisure Pvt Ltd. (GST AAR Maharashtra) IN this case applicant, for leasing of commercial property has, in addition to rent, also collected interest free deposit from their lessee which is returnable on the completion of the tenure of the lease. Since the entire amount is to be returned back to their lessee, […]

GST on installation of Energy Efficient dimmable LED Street lights

December 29, 2018 6654 Views 0 comment Print

We find that ‘LED Lights or Fixtures including LED Lamps’ are covered under the Sub-Heading 9405 40 90 of the GST Tariff, 2017 which are taxable @ 12% (6% each of CGST and SGST).

GST on reimbursement of expenses from lessee by lessor at actuals

December 29, 2018 24150 Views 3 comments Print

In re E-Square Leisure Pvt Ltd (GST AAR Maharashtra) Question :- Whether GST is levied on the reimbursement of expenses from the lessee by the lessor at actuals? Answer :- Answered is in affirmative. Question :- In case GST is levied, what is the rate of GST applicable to said reimbursement of expenses ? Answer […]

Recipient of services / Goods cannot seek Advance Ruling under GST

December 28, 2018 1044 Views 0 comment Print

An applicant can seek an advance ruling in relation to supply of goods or services or both undertaken or proposed to be undertaken by the applicant. Further, as per Section 103 (1) of the APGST Act such an Advance Ruling is binding only on the applicant and on the Officer Concerned or the jurisdictional Officer in respect of the applicant.

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