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Advance Rulings

Disposalble underpad is taxable @12% GST

June 21, 2019 4515 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 16245 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 6333 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 3291 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 3978 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 5445 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 2745 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 […]

Surveying Indian market for foreign group co. is mixed supply of Research and Development services

June 19, 2019 1986 Views 0 comment Print

The service supplied by the Respondent under the Marketing Services Agreement dated 1 December 2012 constitutes a mixed supply of Services falling under the Heading Research and Development services having SAC 9981, under the Heading Other professional, technical and business services bearing SAC 9983, and under the Heading other miscellaneous services bearing SAC 9997.

ITC on pre-engineered structure used in construction of warehouses

June 18, 2019 16377 Views 0 comment Print

In re Embassy Industrial Parks Private Limited (GST AAR Haryana) Q. Whether input GST credit can be availed by the Applicant on pre-engineered structures which is movable in nature and accounted as ‘Plant and machinery’ and not capitalized as an immovable property? Ans. As per the definition of immovable property contained in the General Clauses […]

No GST on Supply of goods from bonded warehouse to vessels 

June 15, 2019 20769 Views 0 comment Print

Supply from Bonded warehouse will fall under Schedule III of CGST Act and exempted from GST and supply from Non-Bonded warehouse will not fall under Schedule III of CGST Act and therefore not exempted from GST

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