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Advance Rulings

AAR cannot decide if Decision of GST Council for which no notification been issued is binding on department or not?

February 13, 2019 1518 Views 0 comment Print

A ruling on whether the decision of the GST Council granting the exemption is binding on the Department in the absence of non-issuance of corresponding Notification by the Central/State Government is not within the competence and mandate of the Authority of Advance Ruling constituted u/s 96 of the OGST Act.

Vigilance Control Device, Diagnostic Terminal & MCS fall under HSN code 85301010

February 11, 2019 1305 Views 0 comment Print

In re Autometers AlliancgoodsPvt. Ltd. (GST AAR Uttar Pradesh) From the characteristic of the Vigilance Control Device (VCD), Diagnostic Terminal (DT) & Master Controller System (MCS), chapter Notes, Classification Rules and above discussion, they all fall in Code 8530 10 10 of Customs Tariff Act, 1975. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, […]

GST on ‘Sight Vision Equipment’ manufactured for being used exclusively in various armoured Tanks

February 6, 2019 741 Views 0 comment Print

In re Ms. Opto Electronic Factory (GST AAR Uttarakhand) Classification and Rate of applicable GST on various equipment manufactured for being used exclusively in various armoured Tanks. We observe that the products manufactured and reapired by the applicant i.e. ‘Sight Vision Equipment’ is nothing but an ‘optical instruments’ used in various types of armoured tanks […]

5% GST payable on supply of Anaerobic Microbial Inoculums (AMI)

February 6, 2019 4743 Views 0 comment Print

In re Ms. Elefo Biotech Pvt. Ltd. (GST AAR Uttarakhand) In the present application, applicant has sought advance ruling for the classification and rate of GST applicable on supply of the products i.e. Anaerobic Microbial Inoculums (AMI)’ manufactured by them. AAR held that that the products i.e. Anaerobic Microbial Inoculums (AMI) will be classified under […]

Agricultural Seedling Trays of Plastic classifiable under CTH 39269099

February 6, 2019 1035 Views 0 comment Print

In re M/s. Saro Enterprises (GST AAAR Tamilnadu) In the case at hand, the product, ‘Agricultural Seedling Tray’, is made up of Plastics and not of any of the base metals specified in the section notes as stated by the Appellant themselves. The contention of the Appellant is that the trays are used for germination […]

Marine paints cannot be considered as Part of Ship: AAAR Maharashtra

February 5, 2019 1008 Views 0 comment Print

In re Jotun India Pvt. Ltd. (AAAR Maharashtra) The Appellate Authority for Advance Ruling upheld the ruling given by the Advance Ruling Authority by observing that marine paints manufacture by the appellant will not be covered under Sl. No. 252 of Schedule I of the Notification No. 1/2017-C.T.(Rate) dated 28.06.2017 as the same can not […]

GST on Gudakhu, a tobacco product in paste form used as a Tooth paste

February 5, 2019 5772 Views 0 comment Print

In re M/s Prabhat Gudakhu factory (GST AAR ODISHA) In the scheme of classification of tobacco product for the purpose of assigning HSN Code under tariff sub-heading 2403 11, only water pipe tobacco intended for smoking in a water pipe are included and not any other form of tobacco. As explained above, the applicant is […]

No GST exemption to IMS Proschool on services not in relation to NSDC programme

February 4, 2019 3054 Views 0 comment Print

In re IMS Proschool Pvt. Ltd. (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling upheld  the ruling given by the Advance Ruling Authority by observing  that since they are not providing any services in relation to the NSDC programme implemented by the NSDC, they are not eligible for the  exemption provided in the entry […]

Reactor ensuring disinfection of water comes under HSN 8421 21 90

February 4, 2019 1146 Views 0 comment Print

In re Taraltec Solutions Pvt. Ltd (AAAR Maharashtra) It is evident that the impugned product manufactured by the Appellant does not merit classification under the sub-heading 8413 91- as “Hand Pumps and parts thereof” as contended by the Appellant. We hold that the same is classifiable, in line with the contention made by the Jurisdictional […]

GST advance ruling cannot be sought on activity undertaken in Past

January 31, 2019 2817 Views 0 comment Print

In re Shyam Singh Champawat, M/s Laxmi Machinery Store (GST AAR Rajasthan) The questions sought by the applicant are related to activity undertaken in past-period thus not eligible for advance ruling as per Section 95(a) of CGST/RGST Act, 2017 and hence no ruling is given. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING,RAJASTHAN Note: […]

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