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Advance Rulings

Negligence in filing Form-32 by CS constitutes Misconduct: AA

September 25, 2018 1797 Views 0 comment Print

Sital Prasad Swain Vs Disciplinary Committee (Appellate Authority) It is pained to note that none of the parties filed the original minute books or the resolution passed which are the subject matter relevant to the filing of two forms i.e. Form-32 filed for the appointment of Shri Bishender Singh as an Additional / Promoter Director […]

AAR on classification of EPC Contract for electrical cable supply & laying work

September 25, 2018 3381 Views 0 comment Print

In re Yogiraj Powertech Private Limited (GST AAR Maharastra) Question 1. :- Whether EPC Contract for electrical cable supply and laying work can be classified as contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of immovable property wherein transfer of property in goods (whether as goods […]

GST on Mechanical, Electrical & Plumbing Works activities as composite supply of works contract

September 25, 2018 37110 Views 0 comment Print

Whether MEP activities (Mechanical, Electrical & Plumbing Works) undertaken by the applicant falls within the definition of composite supply of works contract as defined under Section 2(119) of CGST Act??

AAR cannot explain Legal procedure for cancellation of flat

September 24, 2018 5622 Views 1 comment Print

In re Kolte Patil Developers Ltd (GST AAR Maharashtra) Applicant asked ‘What is the legal procedure for cancellation of flat which is booked in pre-GST Regime and cancelled in post-GST Regime. Also, GST liability in cases where some small amount is retained, for cancellation (after discussion with customer).’ AAR held that  questions posed before us […]

GST Rate on supply of Solar Power Generating System

September 24, 2018 32229 Views 2 comments Print

In re Frizo India Private Limited (GST AAR Rajasthan) Applicable GST Rate on supply of Solar Power Generating System- In instant case the nature of work is of Erection, Procurement and Commissioning of Solar Generating System which falls under the ambit ‘Works Contract Services’ (SAC 9954) of Notification no. 11/2017 Central Tax (Rate) dated 28 […]

AAR cannot give ruling on how to Transfer ITC for claiming refund

September 24, 2018 573 Views 0 comment Print

In re Varun Beverages Limited (GST AAR Uttar Pradesh) How to transfer the portion of input tax credit as belonging to Sandila unit (covered by the infrastructure & industrial investment policy 2012 of the State of Uttar Pradesh for claiming refund of UP GST component paid in cash in the prescribed percentage of policy), lying […]

IGST payable on service given in Goa to person registered in Maharashtra

September 20, 2018 8322 Views 0 comment Print

In re Grasshopper Production (GST AAR Goa) Whether Event Management support services provided in Goa to a registered person in Maharashtra is governed u/s 12(7)(i) of the IGST Act, 2017? The Event Management support services provided in Goa to a registered person in Maharashtra is governed u/s 12(7)(i) of the IGST Act. Hence same should […]

GST on advance for sale of villas prior to issue of completion certificate

September 20, 2018 5550 Views 0 comment Print

In re Quattroporteluxury Homes LLP (GST AAR Goa) Determination of liability to pay tax on sale of villas after completion and obtaining necessary approvals from the competent authority The applicant has failed to produce supporting documents to prove that he has borrowed money from Mr. Zubin Dubash and the amount received by the applicant is […]

18% GST payable on Services for issuing PUC Certificate

September 20, 2018 26745 Views 2 comments Print

In re Venkatesh Automobiles (GST AAR Goa) Whether the service provided for issuing Pollution Under Control (PUC) Certificate for Vehicles on behalf of State Government is exempted from the GST or not? The Activity of issuance of Pollution Under Control Certificate for vehicles issued by the applicant is not covered under SAC 9991 and is […]

After sale support services cannot be treated as composite supply: AAR

September 19, 2018 2583 Views 0 comment Print

In re Toshniwal Brothers (SR) Private Limited (GST AAR Karnataka) a) Whether pure and mere promotion and marketing services will be “intermediary services” for the purposes of section 12 of the Integrated Goods and Services Tax Act, 2017 for determining the place of supply of such services? The contract of services supplied are not pure […]

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