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Advance Rulings

GST on composite works contract supply for construction service to prospective lessee

October 24, 2019 3435 Views 0 comment Print

In re Nagpur Integrated Township Pvt. Ltd. (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling agree with the findings and order of the Advance ruling authority in as much as the impugned transaction entered into by the parties is not in nature of lease. The same is rather in the nature of  construction of […]

Whether TDS provision under GST Act applicable to Co-operative Society?

October 22, 2019 5256 Views 0 comment Print

In re Tamil Nadu Coop. Silk Producers Federation Ltd. (GST AAR Tamilnadu) Whether TDS provision under GST Act is applicable to the Co-operative Society since it is Registered under Tamil Nadu Cooperative Society Act of 1975 and not under society registration act 1860 (21 of 1860)? In view of the above circumstances and facts of […]

ITC on Goods embossed with brand name given free of cost- CGST & SGST members differed

October 22, 2019 2076 Views 0 comment Print

In re Sanofi India Limited (GST AAAR Maharashtra) ITC eligible on Shubh Labh Trade Loyalty Program it is manifest that the Appellant’s act of providing the promotional goods and services under the Shubh Labh Trade Loyalty Program is certainly not an act of generosity, as the Appellant is not giving these goods and services to […]

Whether supply of stores in foreign going vessels is export under GST

October 21, 2019 10710 Views 0 comment Print

The Applicant’s supply of stores to foreign going vessels, as defined under section 2(21) of the Customs Act, 1962 Act, is not export or zero-rated supply, unless it is marked specifically for a location outside India. The Applicant is, therefore, liable to pay tax on such supplies under the GST Act or the IGST Act, as the case may be.

TDS under GST on supply of solid waste conservancy service to a municipality

October 21, 2019 1245 Views 0 comment Print

In re M/s Singh Transporl Agency (GST AAR West Bengal) Whether TDS is deductible on supply of solid waste conservancy service to a municipality under GST? The Applicant’s supply to the Howrah Municipal Corporation, as described in para 3.5, is exempt from the payment of GST under SI No. 3 of Notification No. 12/2017 – […]

Whether co-owners of a jointly held property are liable to pay tax as AOP

October 21, 2019 7398 Views 0 comment Print

In re Sri Rabi Sankar Tah (GST AAR West Bengal) Whether co-owners of a jointly held property are liable to pay tax as an association of persons (AOP)? The Applicant and the other two co-owners cannot be treated as an association of persons and, therefore, as a person defined under section 2(84)(f) of the GST […]

No ITC of GST related to setting up of MRO facility for applicant

October 21, 2019 1434 Views 0 comment Print

In re Indag Rubber Limited (GST AAR Rajasthan) Q. Whether the applicant is eligible to claim credit of the GST charged by vendor at the time of supply of goods and services to it, which are used for carrying out the following activities for setting up of MRO facility which will be rented out: a. […]

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

October 21, 2019 1323 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 969 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 6213 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 […]

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