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Advance Rulings

18% GST on earthwork (Excavation in soil, hard rock excavation etc.)

September 3, 2019 86520 Views 0 comment Print

In re M/s Ashok Kumar Choudhary (GST AAR Rajasthan) What shall be rate of GST on activity of sub-contract for earthwork in relation to construction of access controlled Nagpur-Mumbai Super Communication Expressway (Maharashtra Samruddhi Mahamarg)? We find that the activity carried out by the applicant does not involve supply of goods whatsoever in any manner […]

ITC not eligible on supply of plant and equipment for lighting of plant road, boundary wall and watchtower

September 3, 2019 7554 Views 0 comment Print

In re NMDC Limited (GST AAAR Chhattisgarh) In the instant case, Structures/towers meant for Lighting for Plant Road, Boundary Wall and Watch tower can in no way be related to the outward supply of goods. As per Section 2(83) of CGST Act, 2017 “outward supply” in relation to a taxable person, means supply of goods […]

ITC not eligible on laying of private Railway Siding

September 3, 2019 7344 Views 0 comment Print

1. Whether input tax credit can be availed for civil and railway allied works in connection with the laying of private Railway Siding? 2. Whether input tax credit can be availed on signaling & telecommunication system, mechanical and structural works in relation to Railway Siding? 3. Whether input tax credit can be availed on execution of P-Way, Civil, over head electrification, general electrical and signaling & telecommunication works for the proposed block station yard in relation to private Railway Siding?

AAR cannot rule on GST exemption in absence of information about specific activities performed

September 2, 2019 684 Views 0 comment Print

In re Awas Bandhu (GST AAR Uttar Pradesh) Based on their activities whether Awas Bandhu Uttar Pradesh can be exempt from GST regime. As per the schedules enclosed by the applicant with their application, we noticed that the General conditions/principles of Working of the applicant is to help U.P. Housing Ministry to implement their policies […]

Date of issuance of completion certificate will be date of property completion

August 30, 2019 7197 Views 0 comment Print

Whether the sale / booking of units in a project after its first occupation and receipt of advance against that booking is classifiable under Para 5 of Schedule-III to the CGST Act, 2017 as sale of building and thus neither regarded as Supply of goods nor supply of services? Thus whether the same is outside the purview of Goods and Services Tax?

GTA Service provider cannot avoid GST by not issuing LR/GR/consignment note

August 29, 2019 12582 Views 0 comment Print

In re M/s K M Trans Logistics Private Limited (GST AAR Rajasthan) 1. Does Transportation by own vehicles on the basis of Invoice(s) and E-way Bill without issuing the LR/GR by the Applicant Transporter will covered under exempted supply/non GST supply? To issue an E-way bill, it is mandatory to mention the transport document number […]

No export if both Place of service supplier & supply of service is in India

August 29, 2019 2097 Views 0 comment Print

In re M/s Syngenta Bioscience Private Limited (GST AAR Goa) 1. Whether the activity of on the technical testing services carried out by the applicant be treated as ‘zero-rated supply’? In The instant case, the goods on which technical testing is carried out are made available to the applicant in India and are not exported […]

GST rate on Railway seat and parts thereof exclusively used by Railways

August 29, 2019 4248 Views 0 comment Print

In re M/s Sutlej Coach Products Pvt. Ltd. (GST AAR Punjab) Central Board of Excise & Customs has also vide Circular No. 15/90-CX.1 dated 07.05.1990 issued from F.No. 13/2/90-CX.1, has clarified that seats used in Railway Coaches are correctly classifiable under heading 9401, The applicant prior to GST regime were also classifying their product ‘Seats […]

GST on Desktop supplied with CPU, monitor, keyboard & mouse

August 28, 2019 24258 Views 0 comment Print

The rate of GST applicable on a supply made by the applicant of desktops consisting together of CPU, monitor, keyboard and mouse classifiable under CTH 8471 is taxable @ 9% CGST as per Notification No. 01/2017-C.T. (Rate) dated 28.06.2017 & 9% -SGST under Notification No.II (2)/CTR/532(d-14)/2017 vide G.O. (Ms) No. 72 dated 29.06.2017 as amended if all the units are supplied together with the CPU in a single supply.

GST Rate on Canteen Services Provided to Client- Upto & After 25.07.2018

August 28, 2019 12663 Views 0 comment Print

In the present case also, services in connection with catering are provided by the applicant at a place other than a place of the applicant. Further, the service of catering is provided by the applicant to the recipient and the fact that the meal, snacks, tea etc. are consumed by the workers/employees of the recipient, would not alter the nature of service provided by the applicant.

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