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Advance Rulings

Agricultural implements used for rubber tapping are exempted from GST

June 21, 2019 3462 Views 0 comment Print

Spout, cup holder and latex collection cup are agricultural implements exclusively used for rubber tapping come under the classification HSN 8201 90 00 other hand tools of the kind used in agricultural, horticulture or forest, As such these items are exempted from GST.

GST on traditional Kerala snacks & Baked Chips sold under trade / brand name

June 21, 2019 20583 Views 0 comment Print

Peanut candy and Gingelly candy, uniappam, neyyappam, kinnathappam, kalathappam, rice ball (ariyunda) and avil vilayichathu are taxable @5% GST and achappam, kuzhalappam, madakku, pottiappam, thatta / thattavada and murukku are taxable @12% GST if sold under a brand / trade name and @5% otherwise. Baked chips are taxable @12% GST.

Cervical Pillows is taxable @18% GST

June 21, 2019 6720 Views 0 comment Print

The authorized representative of the applicant was heard, It is pointed out that the ‘Therapeutic Cervical Pillow’ is made up of hypo-allergenic, high quality polyurethane foam with 100% cotton cover. The product is usually used by patients who suffer with cervical spondylitis, cervical sprain headache etc.

Disposalble underpad is taxable @12% GST

June 21, 2019 4434 Views 0 comment Print

The disposable underpad is functionally similar to sanitary towels as both are responsible for absorbing body fluids and keeping the respective body parts dry Therefore, the product is appropriately classifiable under HSN 9619 00 90 – Others.

Use of brand name and applicability of GST

June 21, 2019 16134 Views 2 comments Print

In re M/s Abad Fisheries Pvt. Ltd (GST AAR Kerala) Whether the frozen seafood sold in packages to institutional customers, without bearing the brand name, is eligible for exemption (NIL rate) under Notification No. 2/2017 (Central Tax Rate / Integrated Tax Rate / State Tax Rate) dtd 28th June, 2017? No. Supply of frozen seafood […]

Full ITC not eligible if payments are netted off against receivables

June 21, 2019 6291 Views 0 comment Print

As per proviso to Section 16(2), the applicant will not be eligible for full input tax credit as they are not paying the full amount to their supplier SML HO as seen in the MOU where payments are netted off against receivables.

GST payable on whole Monthly Society maintenance charges payable if amount exceeds Rs. 7500 P.M.

June 21, 2019 3213 Views 2 comments Print

In re TVH Lumbini Square Owners Association (GST AAR Tamilnadu) If the monthly maintenance charges payable by a member of the association exceeds Rs.7500 per month, in the context of exemption as per S.No. 77 of Notification 12/2017 – Central tax (Rate) dated 28.06.2017 as amended by Notification 2/2018 – Central Tax (Rate) dated 25.01.2018, […]

‘Wet Wipes’ classifiable under 3307 90 90: AAR Tamilnadu

June 21, 2019 3861 Views 0 comment Print

In re K. Suresh (GST AAR Tamilnadu) Advance Ruling is required as to classification of wet wipes and rate of tax on the sales (supply) of the same 1. The product ‘Wet Wipes’ supplied by the applicant is classifiable under 3307 90 90 of the First Schedule to the Customs Tariff Act, 1975 2. The […]

No ITC on permanent hall or pandal or shamiana created for functions

June 21, 2019 5373 Views 0 comment Print

In re VDM Hospitality Private Limited (GST AAR Haryana) Whether the Temporary Structure (i.e. hall or pandal or shamiana or any other place) built up with Iron/Steel Pillars tight up with Nuts and Bolts (as shown picture enclosed) specially created for functions would be treated as Movable or Immovable property in pursuance to the GST […]

GST TDS provisions applicable only to persons specified U/s. 51(1)(d)

June 19, 2019 2715 Views 0 comment Print

In re Jaipur Zila Dugdh Utpadak Sahakari Sangh Ltd. (GST AAR Rajasthan) Central Government by way of Notification No. 50/2018 (Central Tax) dated 13.09.2018 appointed the 1st day of October, 2018, as the date on which the provisions of section 51 of the said Act shall come into force with respect to persons specified under […]

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