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Advance Rulings

NDDB cannot be treated as Governmental Authority in absence of sufficient information: AAAR

June 29, 2019 2529 Views 0 comment Print

In re National Dairy Development Board (GST AAAR Gujarat) Member (Central) held that in absence of sufficient information, it cannot be determined whether M/s. NDDB is ‘Governmental Authority’. It is also held that exemption in not admissible to M/s NDDB for providing services of “Renting of Immovable property” Member (State) agreed with findings on first […]

Hotel accommodation services provided outside India attracts GST

June 28, 2019 31182 Views 0 comment Print

In re M/s TUI India Private Limited (GST AAR Delhi) The applicant is supplying booking of hotel accommodation services. They are admittedly paying GST @ 18% (9% CGST + 9% SGST) on service fee / convenience fee commission received from clients and also on target based sales commission received from the foreign hotel aggregators (DOTW). […]

GST payable on amount received by society from Company for CSR programmes

June 28, 2019 8826 Views 0 comment Print

In re M/s Indian Institute of Corporate Affairs (GST AAR Delhi) Q1. Whether Goods and Services Tax shall be leviable / chargeable on the transaction / agreement as per provisions of Central Goods and Service Tax Act, 2017. . The amount received by the applicant from AICL is not in the nature of grant-in aid […]

No GST TDS on conservancy & waste management service to municipality

June 27, 2019 15801 Views 1 comment Print

Whether TDS notifications applies to conservancy and waste management service to a municipality and and whether he is required to obtain registration under the GST Act even if he is making exempt supplies only.

No GST on Renting of residential property for residence to company

June 27, 2019 57126 Views 1 comment Print

Whether renting a residential property for residential purpose to a company is an exempt supply under GST? It appears that the dwelling units rented to individuals, as described in the relevant contracts, are meant for residential accommodation. The dwelling unit rented to M/s Larsen & Toubro Ltd is a flat in the housing complex named South City. The South City Apartment Owners’ Association certifies that the Applicant owns the flat and it is a residential flat and cannot be used for any other purpose. The said association further confirms that an employee of M/s Larsen & Toubro Ltd is staying at the flat.

GST on works contract of dredging a river-bed for government entity

June 27, 2019 14499 Views 0 comment Print

It appears from the description of the work that it improves the navigability of the river-bed and channels – an activity toward development of irrigation and waterways. It is, therefore, an activity in relation to the function listed under SI No. 5 of the Eleventh Schedule, as entrusted to a Panchayat under Article 243G of the Constitution of India. Exemption under SI No. 3A of the Exemption Notification is, therefore, applicable to the Applicant’s supply of the above works contract service.

GST on dredging to improve navigability of river-bed and channels

June 27, 2019 1347 Views 0 comment Print

In re Arihant Dredging Developers Private Limited (GST AAR West Bangal) It appears from the description of the work that it improves the navigability of the river-bed and channels – an activity toward development of irrigation and waterways. It is, therefore, an activity in relation to the function listed under SI No. 5 of the […]

No GST on notional processing fees on loan to various Gujarat Government entities by GSFS

June 27, 2019 2961 Views 0 comment Print

In re M/s. Gujarat State Financial Services Ltd (GST AAR Gujarat) Question – 1 The Applicant is providing financial assistance in the form of loan to various Government of Gujarat entities, whether all such Gujarat Stated owned entities and GSFS become related persons in GST? Answer: The relationship between Gujarat State Financial Services Ltd. and […]

AAR cannot specify how invoices are to be raised for composite supply

June 26, 2019 3951 Views 0 comment Print

In re Thirumangalam Sengodan Kumarasamy, Propreitor of Christy Fried Gram Industry (GST AAR Tamilnadu) . The applicant has asked a query whether it will be still a composite supply even if the invoices are raised separately for supply of food and delivery of the food. It is seen from the bid document that payment will […]

GST on interest, late fee penalty for services rendered before 01.07.2017

June 26, 2019 2145 Views 0 comment Print

In re M/s. Chennai Port Trust (GST AAR Tamilnadu) The amounts received on or after 01.07.2017 towards interest, late fee penalty relating to the services of lease/rent, due to delayed payment of consideration for those services rendered by the applicant before 01.07.2017, are liable to GST. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, […]

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