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Advance Rulings

Rejection of application by AAR without giving opportunity of hearing to Appellant is invalid

October 21, 2019 1275 Views 0 comment Print

The issue before us for determination is whether, the rejection of the application filed by the Appellant seeking Advance Ruling by the Lower Authority is as per the provisions of Law and Principles of Natural Justice.

AAR rejects application as same issue was already pending before another authority

October 18, 2019 936 Views 0 comment Print

The application filed by the applicant is rejected as not admissible in terms of first Proviso to Section 98(2) of the GST Act 2017, since the issue was already pending before another authority when the application was made before AAR.

GST on Starter Ring Gear, Universal joint Cross & Starter Ring Gear Flywheel Assembly

October 18, 2019 6099 Views 0 comment Print

In re EI-Chico Clutch Pvt. Ltd. (AAR GST Haryana) 1.  Whether parts namely Starter Ring Gear Flywheel Assembly, Starter Ring Gear and Universal joint Cross (U.J. Cross) supplied for use in motor vehicle is classifiable under HSN 8708 or 8483 and  What is the applicable rate of GST i.e. 28% or 18% on parts namely […]

AAR cannot give ruling on issue pending with SGST Authorities

October 18, 2019 711 Views 0 comment Print

Since the question raised in the application is pending with SGST Authorities under the provisions of this Act, therefore as per proviso to section 98(2) of the Act the said application filed by the applicant is hereby not admitted.

‘K juice Grape’ classifiable under CTH 22021090- Other- 28% GST Payable

October 17, 2019 2781 Views 0 comment Print

The product ‘K Juice Grape’ falls under the category of “Other” under CTH 2202 10 90. The applicable rate of tax is 14% CGST vide SI.No. 12 of Schedule IV under Notification No. 1/2017-Central Tax (Rate) and 14% under SGST at 14% vide SI.No. 12 of Schedule IV under Notification No.II(2)/CTR/532(d-4)/2017 vide G.O. (Ms) No. 62 dated 29.06.2017 as amended.

GST on Compensation for obligation to refrain from an Act, or to tolerate an Act

October 17, 2019 20601 Views 0 comment Print

In re Goa Industrial Development Corporation (GST AAR Goa) Q. Is an obligation to refrain from an Act, or to tolerate an Act or a situation treated as supply of Goods/Services (Schedule II U/s 7 Scope of Supply). A. The compensation paid by GIDC would clearly qualify as ‘Supply’ under clause 5(e) of Schedule II […]

GST on establishment of Integrated Cryogenic Engine & Stage Test facility for ISRO Complex

October 16, 2019 2166 Views 0 comment Print

In re TATA Projects Limited (GST AAR Tamilnadu) 1. Whether Supply of Engineering, Procurement & Construction (EPC) contract for establishment of Integrated Cryogenic Engine & Stage Test facility (ICET) where in both goods and services are supplied can be construed to be a Composite Supply in terms of Section 2(30) of CGST Act, 2017? The […]

GST on design, realisation, integration & commissioning of Wind Tunnel for ISRO

October 15, 2019 1452 Views 0 comment Print

In re M/s Tata Projects Limited (GST AAR Kerala) Advance Ruling regarding Design, realisation, integration and commissioning of 1.2m trisonic wind tunnel at VSSC, ISRO, Thiruvananthapuram. Whether the supply under the contract for ‘Design, Realisation, Integration and Commissioning of 1.2m Trisonic Wind Tunnel at Vikram Sarabhai Space Centre, ISRO, Thiruvananthapuram can be considered as supply […]

No ITC on inputs/ capital goods for creation of warehouse for renting

October 14, 2019 5973 Views 0 comment Print

 In re Dhingra Trucking Pvt. Ltd. (GST AAR Haryana) Q1. Whether input tax credit of GST in respect of inputs/ capital goods used or intended to be used for creation of covered logistics facility space (warehouse) to be rented out for storage purposes be eligible for input tax credit under the provisions of section 16 […]

Intermediary services not exempt under GST Notification 12/2017 CT (Rate)

October 14, 2019 1335 Views 0 comment Print

In re Mcdonald Pelz Global Commodities India Pvt. Ltd. (GST AAR Haryana) Mr. A appoints Mr. B to procure certain goods from the market. Mr. B identifies various suppliers who can provide the goods as desired by Mr. A, and asks the supplier (Mr. C) to send the goods and issue the invoice directly to […]

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