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Advance Rulings

Bus pass is not an actionable claim and liable to GST: AAAR

February 14, 2020 1605 Views 0 comment Print

We do not agree with the claim of the Appellant that the bus pass is an actionable claim not liable to GST. We agree with the ruling given by the lower Authority and hold that by virtue of Section 15 of the CGST Act, the value of the service supplied by the Appellants will include the value of the bus passes as well as the facilitation charges.

Penalty on Goods Transported for repair without proper documents cannot exceed Rs. 10000

February 12, 2020 46668 Views 0 comment Print

Neva plantation Private Limited Vs ACST&E (GST Appellate Authority, Himachal Pradesh) It appears that there is no dispute regarding quantity/quality of goods and further it has been clearly mentioned on the challan that the goods are not for sale only for repair. Since the transaction has no tax implications, the proper office while adjudicating the […]

‘Sleeping bag’ classifiable under Chapter Heading 94043090

February 11, 2020 2829 Views 0 comment Print

In re Rishabh Garg Raghav Garg HUF (6X) (GST AAR Uttar Pradesh) The product ‘Sleeping bag’ as described in the application will merit classification under Chapter Heading 9404 30 90 of the GST Tariff and would be chargeable to GST at applicable rate under the said tariff entry, presently read with Notification No. 01/2017-Central tax […]

GST on services under contract with SUDA & for PMAY

February 11, 2020 1476 Views 0 comment Print

In re Saryu Babu Engineers For Resource Development (GST AAR Uttar Pradesh) Q-1 Whether the Project Development Service (i.e. Detailed Project Report Service) and Project Management Consultancy services (PMCS) provided by the applicant to recipient under the contract from State Urban Development Authority (herein after referred as “SUDA”) and the PMC under the contract for […]

GST on Project Development & Management Consultancy services to SUDA

February 11, 2020 489 Views 0 comment Print

In re Saryu Babu Engineer India Pvt Ltd (GST AAR Uttar Pradesh) Q-1 Whether the Project Development Service (i.e. Detailed Project Report Service) and Project Management Consultancy services (PMCS) provided by the applicant to recipient under the contract from State Urban Development Authority (herein after referred as ‘SUDA’) and the PMC under the contract for […]

No ruling on classification issue by AAAR as matter is pending in a proceeding

February 11, 2020 1281 Views 0 comment Print

Assistant Commissioner of Commercial Taxes Vs. Karnataka Co-operative Milk Producers Federation Ltd. (GST AAAR Karnataka) The order No KAR ADRG 88/2019 dated 26.09.2019 passed by the Authority for Advance Ruling is declared void ab initio as it was vitiated by the process of suppression of material facts. Therefore , the appellate authority for advance ruling […]

Whether crushing of grains for distribution through PDS is exempt supply

February 10, 2020 1854 Views 0 comment Print

In re Sakshi Jhajharaa (GST AAR West Bangal) The Applicant intends to make the composite supply as above to the State Government. The recipient is, therefore, the State Government. The Applicant intends to crush the food grains belonging to the recipient and deliver the crushed grains to the recipient after packing. If the terms of […]

Question raised in application already pending or decided- AAR rejects application

February 10, 2020 795 Views 0 comment Print

In re Saisanket Enterprises (GST AAR Madhya Pradesh) The judicial citations relied upon by the applicant have been duly perused and considered by us. However, we find that as per the proviso to Section 98(2) of CGST Act, the Authority shall not admit the application where the question raised in the application is already pending […]

GST on Online Supply of educational material to educational institutions

February 10, 2020 8418 Views 1 comment Print

The supply of services in the nature of subscription to the J-Gate by the educational institutions is eligible for exemption from GST under sub-item (v) of item (b) of serial no.66 of Notification No. 12/2017- Central Tax (Rate) dated 28.06.2017 as amended by Notification No. 2/2018- Central Tax (Rate) dated 25.01.2018.

ITC not admissible on goods and services used in construction of warehouse used for letting out on rent

February 10, 2020 13635 Views 0 comment Print

ITC is not admissible on the goods and services received and used in the construction of warehouse used for letting out on rent as per the Section 17(5)(d) of CGST Act, 2017.

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