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Advance Rulings

GST on Lease amount payable to RIADA after getting allotment letter

September 14, 2018 948 Views 0 comment Print

In re Matrix Horizons Private Limited (GST AAR Jharkhand) The amount payable in installment to the Ranchi Industrial Development Authority (RIADA) on lease in respect of the scheduled land/ shed for a period of 30 years from the date of allotment after getting the allotment letter does not come under the category of upfront payment. […]

GST on LED based luminaire in passenger coaches of Indian Railways

September 13, 2018 795 Views 0 comment Print

In re Bitcom Technologies Pvt. Ltd. (GST AAR Uttar Pradesh) a) What is the correct classification HSN code based luminaire in passenger coaches of Indian Railways which exclusively works on electric supply of 110/127 Volts? Ans.  Correct classification of luminaire in passenger coaches of Indian Railways which exclusively works on electric supply of 110/127 Volts […]

AAR not maintainable if question raised in application is already pending

September 12, 2018 1002 Views 0 comment Print

In re Sterlite Technologies Limited (GST AAR Maharashtra) Authority for Advance Ruling shall not admit the application where the question raised in the application is already pending or decided in any proceedings in the case of an applicant under any of the provisions of this Act” and further stating that in view of the express […]

GST on Pollution control device for use in waste to energy plants/devices

September 11, 2018 9066 Views 0 comment Print

Pollution control device being supplied by the applicant for use in ‘waste to energy plants/devices’ are classifiable under chapter heading 8421 of the first schedule to the Customs Tariff Act, 1975 and are covered by Sr. No. 234 of schedule I of Notification No.01/2017-Central Tax (Rate) dt.28.06.2017 & Notification No.35/ST-2 dt.30.06.2017, chargeable to CGST @2.5% and SGST @ 2.5%.

GST on Abhivahan Shulk, Khanij sampada shulk, fee collected by UEPPCB

September 11, 2018 2814 Views 0 comment Print

In re Purewal Stone Crusher (GST AAR Uttarakhand) (i) Abhivahan Shulk is different, from toll tax and is covered under Service Code 9997 and to be “treated as ‘other services’ and is liable for GST. The applicant is liable to pay GST @ 18% as on date on the same under reverse charge in terms […]

IGST leviable on sale of Mizoram lottery tickets by distributor in Maharashtra: AAR

September 10, 2018 915 Views 0 comment Print

In re Ecool gaming solutions private limited (GST AAR Maharashtra) In the present case, applicant is recipient of supply in the form of lottery and is located in Maharashtra. The supplier of lottery is the State Government of Mizoram which is located outside State .Therefore as per the provisions of Section 7(1) of the IGST […]

Input Tax Credit not admissible in respect of GST paid for hotel stay

September 7, 2018 81783 Views 1 comment Print

In re Posco India Pune Processing Center Private Limited (GST AAR Maharastra) Q.1. Whether Input Tax Credit is admissible in respect of GST paid for hotel stay in case of rent free hotel accommodation provided to General Manager and Managing Director of the company? Answer:- Answered in the negative. Q 2. Whether invoice for quality claim […]

Surveying Indian market for foreign group co. is Market Research not Support Service

September 5, 2018 5754 Views 0 comment Print

In re Asahi Kasei India Private Limited (GST AAR Maharashtra) Question:- 1. Whether the service supplied by the Applicant under the Service Agreement dated 1 March 2013 constitute a supply of ‘Support services’ falling under HSN code 9985 ‘Intermediary service’ classifiable under HSN code 9961 /9962? Answer (i) The services provided by the applicant in the […]

Levy of GST Rate applicable in case of “Neem Seed”

September 5, 2018 14106 Views 0 comment Print

The Neem fruit is known as ‘Nimouli’ in Chhattisgarh and is collected in both fresh and dry forms and is used for making neem oil only, after drying the neem seed. Dry neem fruit is not generally used for trading for horticulture or agro-based commercial purpose i.e. dry neem fruit is not identifiable with seed commercially.

GST Rate on sale of Flats/Units under Affordable Housing Project

September 5, 2018 7836 Views 0 comment Print

In re Ideal Construction (GST AAR Maharashtra) Question 1.What is the rate of tax to be levied on the sale of Flats/Units to the prospective buyers? And whether registration of project under Pradhan Mantri Awas Yojana is required? Answer :- The rate of tax to be levied is 12% (8% GST after deducting value of […]

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