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Advance Rulings

GST AAR Karnataka permits Hotel Leela to withdraw application

May 9, 2019 1176 Views 0 comment Print

In re Ms Hotel Leela Venture Limited (GST AAR Karnataka) i) Whether Sale of Karnataka Hotel as going concern on slump sale basis can be construed to be “Supply” in terms of Section 7(1) of the CGST Act 2017? If answered in affirmative, whether the transaction would be regarded as supply of goods or supply […]

GST AAR Karnataka permits Sanika Developers to withdraw application

May 9, 2019 693 Views 0 comment Print

In re M/s Sanika Developers (GST AAR Karnataka) The activity of construction of complex or building intended for sale to a buyer wholely or partly, where the entire consideration has been received /receivable after completion of construction, be treated as supply of taxable service ? But the Applicant requested to permit them to withdraw the […]

Nano Rechargeable LED Torch Light classifiable under Chapter Head 8513

May 8, 2019 5298 Views 0 comment Print

In re M/s. Prakash Chand Jain (GST AAR Madhya Pradesh) The product in question is essentially a Rechargeable LED Torch Light (as also mentioned on the packing of the product provided by the applicant). It comes equipped with an inbuilt rechargeable battery with AC adapter for recharging purpose. The product, thus, unquestionably merits classification under […]

Input tax credit is admissible even if consideration is paid through book adjustment

May 8, 2019 12444 Views 0 comment Print

In re Senco Gold Ltd (GST AAR West Bangal) The Applicant intends to settle the mutual debts through book adjustments. He seeks an advance ruling on  whether the input tax credit is admissible when he settles through book adjustment the debt created on inward supplies from the Franchisee. AAR held that The Applicant can pay […]

ITC of Central GST paid in Haryana not available to Appellant registered in Rajasthan

May 8, 2019 3048 Views 0 comment Print

In re M/s IMF Cognitive Technology Private Limited (GST AAAR Rajasthan) Credit of input tax is admissible to a registered person, subject to conditions and restrictions , and input tax inter alia is Central tax charged on inward supply of a registered person. Going further, Central tax is Central GST levied under Section 9 of […]

AAR application rejected for discrepancy in Application Fees Payment

May 7, 2019 462 Views 0 comment Print

In re Awas Bandhu (GST AAR Uttar Pradesh) As Section 97 (1) r/w Rule 104 of the CGST/SGST Act, the Applicant is liable to pay fee of Rs 5000/- under each Act to be deposited in manner provided u/s 49 of CGST Act. Failing such compliance, an application is incomplete and thus liable to be […]

GST on establishment of Solar Power Plant- AAR allows withdrawal of Application

May 6, 2019 4347 Views 0 comment Print

In re M/s. Vikram Solar (GST AAR  Andhra Pradesh) 1. Whether following three separate contracts  awarded to a contractor for establishment of a Solar Power Plant namely: a) Contract for supply of Goods. b) Contract for supply of Erection and Installation Services c) Contract for supply of Operation and Maintenance Service for a period of […]

No GST on extra cigarette packs supplied as part of promotion scheme for consideration

May 4, 2019 2427 Views 0 comment Print

In re Golden Tobacco Limited (GST AAR Maharashtra) The Applicant is seller of Cigarettes, and intends to offer extra quantity of Cigarettes (quantity discount) in addition to normal quantity against same consideration, as a taxable supply to its Distributors from their Depot. As per new marketing strategy devised by the Applicant to promote its brands […]

Clinical Research Services not export if Testing in India on Goods Received in India

May 4, 2019 12498 Views 1 comment Print

In re Cliantha Research Limited (GST AAR Maharashtra) The Applicant would like to seek a ruling on whether the “Clinical Research” services proposed to be provided by them to entities located outside India is liable to Central Goods and Services Tax and State Goods and Services Tax or Integrated Goods and Services Tax or is […]

No GST exemption to applicant for imparting Medical Education in other entity

May 4, 2019 6801 Views 0 comment Print

In re Kasturba Health Society (GST AAR Maharashtra) Question (i): Whether the applicant, a Charitable Society having the main object and factually engaged in imparting Medical Education, satisfying all the criteria of ‘Educational Institution’, can be said to be engaged in the business so as to cast an obligation upon it to comply with the provisions […]

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