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Advance Rulings

GST Registration compulsory for those liable to pay GST under RCM

April 10, 2019 27561 Views 0 comment Print

In re Jalaram Feeds (GST AAR Maharashtra) Applicant has stated that they require services of Goods Transport Agency like any other business. Applicant being a recipient of supply is liable to pay tax under reverse charge basis and as per Section 9(4) of the Act, all the provisions of this act shall apply to such […]

Section 17(5)(h) bars credit of ITC on goods supplied in marketing events

April 10, 2019 9456 Views 0 comment Print

In re BMW India Pvt. Ltd. (GST AAR Haryana) Q1. Whether certain customized lifestyle goods procured by BMW India either from a third party local supplier or imported from outside India for supply of goods during promotion/marketing events organized by the company will qualify as used in the course or furtherance of business in term […]

AAAR do not have jurisdiction to decide place of supply of service

April 10, 2019 2148 Views 0 comment Print

In re Sabre Travel Network India Pvt. Ltd. (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling  held that the entire gamut of activities of the Appellant is in the nature of the composite supply, of which intermediary services is the principal supply. Further, as regards the services provided by the Appellant to their Client, […]

AAR explains exemption notification No. 12/2017-CT(R) w.r.t. training programs

April 10, 2019 5325 Views 0 comment Print

In re M/s. Network For Information & Computer (GST AAR Madhya Pradesh) Text and language of the exemption notification No.12/2017-CT(R) shows that the intent of the legislature is to exempt services provided to the Central Government, State Government or Union Territory Administration under any training program for which total expenditure is borne by such Governments. […]

GST on fabrication of bus body on chassis to be supplied by OEMs (Principal)

April 10, 2019 4512 Views 0 comment Print

In re Rohan Coach Builders (GST AAR Madhya Pradesh) In respect of the question raised by the applicant we hold that on fabrication of bus body on the chassis to be supplied by the OEMs (Principal) on delivery challan or any other owner of the chassis on which bus body will be fabricated by collecting […]

Job work services for manufacturing beer attracts 18% GST

April 9, 2019 4827 Views 0 comment Print

In re Crown Beers India Private Limited (GST AAAR Maharashtra) It is worth noting here that in erstwhile Service Tax regime also, the said activities of CBUs of manufacturing alcoholic liquor on behalf of Brand Owners (BOs) against a consideration, were subjected to Service Tax and this was clarified also by CBIC (earlier CBEC) vide […]

GST Rate on operating gaming zone in malls

April 8, 2019 15309 Views 0 comment Print

In re Bandai Namco India private Limited (GST AAR Maharashtra) Question: – Applicable GST Rate on operating gaming zone in one of leading malls in Mumbai? Applicant submitted that they are engaged in providing amusement facility services and also running family entertainment facility center in Oberoi mail Mumbai. To conduct the business as aforesaid it […]

AAR cannot deal with ITC of service tax or VAT paid under erstwhile laws

April 8, 2019 942 Views 0 comment Print

In re Bauli India Bakes and Sweets Private Limited (GST AAR Maharashtra) From the collective readings of provisions viz. – Clause (63) and (62) of Section 2 of the CGST Act that, the question enumerated at (d) of Section 97(2), supra does not deal with the admissibility of the credit of taxes paid other than […]

Room rent & food supplied in room constitute mixed supply or not- AAR allows withdrawal of application

April 4, 2019 1785 Views 0 comment Print

In re M/s. Rashi Eco Tourism Limited (GST AAR Karnataka) The Applicant, vide their letter dated 09.03.2019, received in this office on 13.03.2019, has requested to permit them to withdraw the application filed for advance ruling, consequent to the decision of the Board of Directors of the Applicant Company. In view of the above, we […]

GST on promotional product- AAR permits Britannia to withdraw application

April 4, 2019 1269 Views 0 comment Print

In re M/s Britannia Industries Limited (GST AAR Karnataka) Whether the promotional product would qualify to be a supply liable to GST and whether the supply of the main product with free product would fall within the mischief of a mixed supply attracting the rate of tax of the product attracting the highest rate of […]

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