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Advance Rulings

ITC on construct of ‘bunds’ admissible if used for making zero rated supplies & if satisfy P&M condition

September 11, 2019 2586 Views 0 comment Print

Input tax credit of GST paid on goods and services used to construct the ‘bunds’ is admissible to M/s. Satyesh Brinechem Private Limited, provided that the bunds are used for making zero rated supplies and fulfill the conditions which are necessary for treating the bunds as ‘plant and machinery’.

GST on supply of services for managing establishing & maintenance of hospitals

September 9, 2019 1980 Views 0 comment Print

In re West Bengal Medical Services Corporation Ltd (AAR West Bengal) The Applicant has been set up under Notification No. HF/SPSRC/WBMSC/40/2008/162 dated 17/11/2008 of the Department of Health & Family Welfare, Government of West Bengal, as a fully owned body for managing the procurement of drugs and equipment for the medical colleges and hospitals and […]

GST payable on Supply of cleaning & sweeping service to hospitals

September 9, 2019 34689 Views 1 comment Print

In re Altabur Rahaman Mollah (M/s Reliable Hospitality service) (GST AAR West Bangal) The Applicant, stated to be supplying facility management services like mechanised and manual cleaning, housekeeping, security services etc. to various Central Government and State Government hospitals, seeks a ruling as to whether exemption from payment of GST is available for such supplies […]

Order passed by ARA is void ab-initio if obtained by fraud/suppression/misrepresentation

September 9, 2019 3336 Views 0 comment Print

In re Asstt. Commr. of SGST (D-819) Vs. Arihant Enterprises (GST AAAR Maharashtra) Sec. 98(2) provides that the application shall not be admitted where the question raised is already pending under any of the provisions of this act. The term ‘any of the provisions of this act’ includes investigations proceeding under section 67. It is […]

Instant Tea Whitener classifiable under Chapter Heading 0402

September 6, 2019 1395 Views 0 comment Print

The product ‘Instant Tea Whitener’ as described in the application will merit classification under Chapter Heading 0402 of the GST Tariff and would be chargeable to GST at applicable rate under the said tariff entry, presently read with Notification No. 01/2017-Central tax (Rate) dated 28.06.2017 (SI. No. 08 of Schedule-I).

Advance ruling cannot be obtained on behalf of Sub-contractor providing input services

September 6, 2019 876 Views 0 comment Print

In re Sice-Vaaan Joint Venture (GST AAR Uttar Pradesh) I. Whether the composite supply of works contract provided by the applicant to NHAI shall be classified under entry (vi) to serial no. 3 of the CGST Rate Notification read with UPGST Rate Notification liable to effective rate of GST @ 12% including CGST and UPGST? […]

Breakwater not Plant & Machinery- ITC not eligible- AAAR

September 6, 2019 1215 Views 0 comment Print

In re  Konkan LNG Private Limited. (GST AAAR Maharashtra) The Maharashtra Appellate Authority confirmed the Maharashtra Advance Ruling Autority Order by holding that  the Appellant is not eligible for taking ITC in terms of section 16  read with section 17  of the MGST ACT / CGST ACT ( CGST/ SGST / IGST ) on construction […]

18% GST payable on parking services provided by Contractor of Market Committee

September 6, 2019 35013 Views 1 comment Print

Whether the parking lot services provided by the Contractor appointed by the Market Committee, which is a Government Authority is exempt under Notification No.12/2017 as the parking lot activity is covered under Article 243 of the Constitution.

GST on sub-contract pertaining to construction / widening of road by NHAI

September 6, 2019 16671 Views 2 comments Print

In re S.P. Singla Constructions Pvt. Ltd. (GST AAR Punjab) Question: What is the classification of the ‘Works Contract’ services pertaining to construction, erection, commissioning and completion of ‘Bridges’ provided by the applicant as a subcontractor to the Contractors who have been awarded the construction contract pertaining to construction / widening of roads by the […]

GST on supply of implants /artificial limbs during treatment & on supply of wheel chairs, tricycles

September 5, 2019 4026 Views 0 comment Print

The supply of artificial body parts / devices such as heart valve, artificial kidney, artificial joints, and coronary stents etc which are implanted in the body essentially by means of a surgical procedure can be classified as a composite supply where the principal supply is of healthcare services. In case of artificial body parts / devices which are worn / attached / fitted / fastened to the body for which a surgical procedure may or may not be required; the nature / taxability of supply has to be determined on a case to case basis considering the facts and circumstances of each case.

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