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Advance Rulings

GST on royalty paid in respect of mining lease

February 22, 2019 41853 Views 0 comment Print

The royalty paid by M/s NMDC in respect of mining lease is classifiable under sub heading 997337 ; ‘Licensing services for the right to use minerals including its exploration and evaluation’ (covered under entry no. 17 of Notification No. 11/2017 (Rate), dated 28.06.2017, attracting GST at the same rate as applicable for the supply of like goods involving transfer of title in goods, under reverse charge basis.

GST on ocean freight for transportation of goods in a vessel from a non-taxable to taxable territory

February 22, 2019 6528 Views 1 comment Print

In re Indian Potash Limited (GST AAR Andhra Pradesh) The transportation of goods in a vessel from a non-taxable territory to taxable territory amounts to import of service and such ocean freight is leviable to IGST as an inter-state supply of service and the Applicant, being the importer, are liable to pay IGST under reverse […]

GST on Papad and papad pipes commonly known as un-fried Fryums

February 22, 2019 50892 Views 0 comment Print

In re M/s. Sonal Product (GST AAR Gujarat) (a) What is the correct classification of “Papad and papad pipes” of different shapes, sizes and varieties (commonly known as un-fried Fryums) manufactured by the applicant? The product ‘Un-fried Fryums’ manufactured and supplied by M/s. Sonal Product (GSTIN 24AGPPK7290R1ZF) is classifiable under Tariff Item 2106 90 99 […]

GST on Immovable property renting services by NDDB to an educational institute

February 22, 2019 1518 Views 0 comment Print

Renting of immovable property service provided by National Dairy Development Board to an educational institute would be exempted under Sr. No. 4 of Notification No. 12/2017-Central Tax (Rate) and corresponding State Tax Notification, if it qualifies as ‘governmental authority’.

NDDB is a Financial Institution for section 17(4) of CGST Act, 2017

February 22, 2019 4668 Views 0 comment Print

In re M/s. National Dairy Development Board (GST AAR Gujarat)Whether NDDB can be considered as financial institution for the purpose of availing credit to the extent of fifty per cent of input tax credit, as prescribed in Section 17 of CGST Act, 2017?

GST on Air-springs used in Air-springs assemblies for Indian Railways

February 20, 2019 1437 Views 0 comment Print

In Re Resistoflex Dynamics Pvt. Ltd (GST AAR Uttar Pradesh) (a) Whether the air-springs imported by the Applicant are classifiable under HSN heading 8607 (i.e. parts of coach work of railway running stock) and thus covered under Entry No. 241 of Schedule-I of GST rate notifications?  It will not be appropriate to classify air springs […]

Dabur Odomos classifiable under HSN 38089191 : AAR UP

February 20, 2019 1335 Views 0 comment Print

In re Dabur India Ltd. (GST AAR Uttar Pradesh) The issue presented before us, the classification of `Odomos’ has to be examined under the relevant provisions of the Customs Tariff Act, 1975, as to whether the product `Odomos’ should be classified under Chapter-38 or under Chapter 30 of the Customs Tariff Act, 1975. We find […]

ITC not admissible on construction of a warehouse with prefabricated building blocks

February 18, 2019 15819 Views 0 comment Print

In re Tewari Warehousing Co Pvt Ltd. (GST AAR West Bengal) Whether ITC is admissible on construction of a warehouse with prefabricated building blocks? The warehouse being constructed is immovable property. The input tax credit is, therefore, not admissible on the inward supplies for construction of the said warehouse, as the credit of such tax is […]

Hydraulic Kit used on bodies/ platform classifiable under heading 8412

February 18, 2019 1065 Views 0 comment Print

In re M/s. Hyva India Pvt. Ltd. (GST AAR Maharashtra) In the present case, the Hydraulic Kit is used on bodies/ platform, detaching sides, tipper bodies falling under Chapter Heading No.8709 as well as for other trailers for transport of goods such as agricultural, public works etc., trailer (whether or not tipper) falling under Heading […]

ITC available on passenger vehicles leased to vendors on rent

February 18, 2019 4884 Views 2 comments Print

In re Ms Narsingh Transport (AAR GST Madhya Pradesh) The applicant desire the advance ruling on the subject that whether the GST paid on these cars provided to their different customers on lease rent will be available to it as INPUT TAX CREDIT(ITC) in terms of Section 17(5) of Central Goods and Service Tax Act, […]

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