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Advance Rulings

Power of GST Appellate Authority to condone delay in filing appeal

December 24, 2019 14103 Views 0 comment Print

It is evident that this Appellate Authority being a creature of the statue is empowered to condone a delay of only a period of 30 days after the expiry of the initial period for filing appeal. As far as the language of Section 100 of the CGST Act is concerned, the crucial words are “not exceeding thirty days” used in the proviso to sub-section (2).

Pooja oil classifiable under Chapter sub-heading 1518 00 40: AAAR

December 24, 2019 3888 Views 0 comment Print

In re S.K. Aagrotechh (GST AAAR Karnataka) Having concluded that Pooja Oil is classifiable under sub-heading 1518 00 40 of the Customs Tariff as inedible mixtures or preparations of vegetable fats or oils or of fractions of different fats or oils of this Chapter, not elsewhere specified or included, let us now determine the GST […]

GST on Flour Mixture of Grams, pulses, leguminous vegetable with cereal flour/Rice flour

December 23, 2019 41031 Views 0 comment Print

In re Chellasamy Nadar Deivarajan (Mahalakshmi Store) (AAR Tamilnadu) Whether the unbranded mixture of flour of pulses and grams i.e. leguminous vegetables and cereal flours fall under the HSN Code 1106 and 1102 respectively though blending of leguminous flour added with very small quantity of rice flour or maize flour (without adding salt or any […]

NFC Board manufactured with Rice husk mainly classifiable under CTH 441193

December 23, 2019 7347 Views 0 comment Print

In re Papaka Herbs & Spices private Limited (GST AAR Tamil Nadu) Whether the Rice Husk Board manufactured by the applicant comprising of Natural Fibre (Rice Husk Powder); Calcium carbonate, recycling waste and other processing aid as well as PVC resin, wherein PVC acts only as a bonding agent would remain classified as wood and […]

Whether HDPE woven tarpaulin is classifiable as textile under GST Tariff Act

December 23, 2019 1995 Views 0 comment Print

In re East Hooghly Agro Plantation Pvt. Ltd. (GST AAAR West Bangal) On examination of samples produced by the Appellant during the course of hearing it is clear that as the principal characteristic of tarpaulin is water proofing. unless the HDPE woven fabric is laminated it cannot be used to make tarpaulin. The process of […]

Whether loading & unloading service of yellow peas at the port is exempt supply?

December 23, 2019 2379 Views 0 comment Print

In re T P Roy Chowdhury & Company Pvt. Ltd. (GST AAAR West Bangal) There is no dispute that raw whole yellow peas are agricultural produce covered under serial no. 45 of the Rate Notification and are exempted goods. However, this particular consignment of raw whole yellow peas was harvested in foreign land and the […]

‘Air Conditioner Hose Assembly’ falls under Chapter Heading 4009

December 20, 2019 1005 Views 0 comment Print

In re Sunchirin Autoparts India Pvt Ltd. (GST AAR Uttar Pradesh) Classification of Air Conditioner House Assembly (suction / discharge) used as part of Air Conditioner Compressor and Applicable tax rate for the classification. The product ‘Air Conditioner Hose Assembly’ as described in the application will merit classification under Chapter Heading 4009 of the GST […]

Labour supply services classifiable under Chapter head 9986

December 18, 2019 17736 Views 1 comment Print

Exemption available to ‘supply of farm labour’ services falling under Chapter heading 9986 under Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 and Notification No. 09/2017- Integrated Tax (rate) dated 28.06.2017 is not available to supply of manpower services falling under SAC 99851.

No GST on Labour contract services for construction of flats under PMAY

December 18, 2019 9996 Views 0 comment Print

Services of pure labour contract supplied by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of a civil structure or any other original works under PMAY is exempted from GST vide Entry 10 of the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 (as amended).

Fortified Rice Kernels FRK classifiable under HSN 19049090

December 18, 2019 19881 Views 0 comment Print

AAR held that Fortified Rice Kernels FRK manufactured and supplied by the applicant is classifiable under HSN 19049090 and attracts GST @ 18% (SGST 9 % + CGST 9 %).

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