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Advance Rulings

Visvesvaraya National Institute of Technology is not a Govt. Authority: AAR

January 17, 2020 1275 Views 0 comment Print

In re Security and Intelligence Services (India) Ltd (GST AAR Maharashtra) Visvesvaraya National Institute of Technology (VNIT) has neither been set up by an Act of Parliament or a State Legislature, nor has been established by any Government, with ninety percent or more participation by way of equity or control, to carry out any function entrusted […]

Sri Satya Sai Water Supply Project Board is not a Govt entity: AAR

January 17, 2020 1797 Views 0 comment Print

In re Sri Satya Sai Water Supply Project Board (GST AAR Andhra Pradesh) 1. Whether the applicant qualifies as a ‘Governmental Authority’ under the Act and whether the services availed by it are exempt from the GST by virtue of Entry 3 in Notification 12/2017 (Rate), dt: 28.06.2017? The applicant is constituted by the Government […]

GST on Goods supplied under turnkey Contract in case of multiple independent contracts

January 16, 2020 6510 Views 0 comment Print

Goods supplied under a turnkey Contract, where there are multiple independent contracts, of which some are not in the nature of Works Contract, shall not be included in the value of contract in the nature of a works contract merely on account of the fact that goods are being supplied under Turnkey Contract, part of which is in the nature of a Works Contract, unless such supply of all such goods is a part of and made in the execution of a works contract.

GST exempt on Rural Electrification work falling under article 243G

January 16, 2020 4494 Views 0 comment Print

The work entrusted to the applicant as mentioned above is covered under the article 243G of the constitution as the function entrusted to the Panchayat i.e., Rural Electrification including distribution of Electricity. However, the applicant work is not covered under Article 243W of the constitution as the function entrusted to the municipality.

AAR cannot admit an application where question raised is already decided in any proceedings in the case of an applicant

January 16, 2020 798 Views 0 comment Print

Authority shall not admit the application where the question raised in the application is already decided in any proceedings in the case of an applicant.

GST on Project Management Consultancy Services under contract for PMAY

January 15, 2020 741 Views 0 comment Print

In re Hi-tech Builder (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 Pradhan Mantri Awas Yojna […]

No GST on Consultancy services to SUDA for functions entrusted to Municipalities or Panchayat

January 15, 2020 417 Views 0 comment Print

In re Hi-Tech Builder (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 Pradhan Mantri Awas Yojna […]

AAR not maintainable as applicant has not undertaken supply in subject case

January 15, 2020 939 Views 0 comment Print

Section 95 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 case. In fact, the applicant is a recipient of property in subject transaction.

GST leviable on sale of TDR/FSI received for surrendering joint rights in land

January 15, 2020 9957 Views 0 comment Print

GST is payable at the rate of 18% (9% + 9%) on transfer of development rights or FSI (including additional FSI), under SI. No. 16, item (iii) of Notification No. 11/2017 – Central Tax (Rate) dated 28-06-2017 (Heading 9972).

Transformers’ supplied to Indian Railways covered under HSN ‘8504’

January 15, 2020 4500 Views 0 comment Print

Transformers’ supplied to Indian Railways, by the applicant, are covered under HSN ‘8504’ and Sr. No. 375 of Schedule III of the Notification 1/2017 Central Tax (Rate) dated 28.06.2017 and therefore subjected to GST@ 18%.

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