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Advance Rulings

GST on retro-fitment of Twin Pipe Air Brake System on Railway Wagons

December 21, 2018 1509 Views 0 comment Print

In re Pew Engineering Pvt. Ltd. (GST AAR West Bengal) Whether retro-fitment of twin pipe air brake system is composite supply and what is the rate of tax thereon? The Applicant’s contract for retro-fitment of Twin Pipe Air Brake System on Railway Wagons is to be treated as Composite Supply, where the Twin Pipe Air Brake […]

GST on printing of Bible against order from foreign entity & supply in India

December 21, 2018 2511 Views 0 comment Print

In re Swapna Printing Works Private Limited (GST AAR West Bangal) The Applicant’s activity of printing the Bible under the specific orders received from The Gideons International is a supply of service classifiable under SAC 9989. The above service is supplied to the recipient located in India and the consideration is apparently received in INR. […]

GST on Construction of private railway siding for carriage of coal & oil fuel

December 21, 2018 6273 Views 0 comment Print

In re RITES Limited (GST AAR West Bangal) Whether construction of a railway siding by an entity other than railways is taxable under Sl No. 3(v) of Rate Notification on service Construction of a private railway siding for carriage of coal and oil fuel to Raghunathpur TPS, as described in the agreement between the Applicant […]

AAR cannot admit application where question raised is already pending or decided

December 21, 2018 810 Views 0 comment Print

In re Ashok Rubber Industries (GST AAR West Bangal) 1st proviso to section 98(2) prohibits this Authority from admitting any application where the question raised is already pending or decided in any proceedings in the case of the applicant under any provisions of the GST Act. It does not distinguish between stages or nature of […]

RCM U/s. 9(4) on transactions effected from 1.7.2017 to 12.10.2017

December 21, 2018 89115 Views 0 comment Print

In re Ms. Famous Studios Ltd. (GST AAR Maharastra) Question:- 1. Whether the exemption from payment of GST on reverse charge basis under section 9(4) of the CGST Act / SGST Act for receipt of supply of goods and / or services by us from an unregistered person is applicable irrespective of any threshold limit […]

ITC on Gold coins distributed to customers for Sales Promotion

December 20, 2018 50355 Views 0 comment Print

In re Biostadt India Limited (GST AAR Maharashtra) Question :- The question or issue before Your Honor for determination is whether Input Tax Credit (“ITC”) can be claimed by the applicant on procurement of Gold coins which are to be distributed to the customers at the end of scheme period for achieving the stipulated lifting […]

Transaction under MSA between NES India & NES Abu Dhabi is a Zero rated supply

December 19, 2018 10953 Views 0 comment Print

In re Nes Global Specialist Engineering Services Private Limited (GST AAR Maharashtra) Question :- Whether the transaction in question is a Zero Rated Supply or a Normal Supply under GST ACT? Answer :- In view of the discussions we hold that the transaction covered under the MSA dated between the applicant and NES Abu Dhabi […]

GST on installation of Comprehensive ‘CCTV based City Surveillance System’ for Maharashtra Govt.

December 19, 2018 15342 Views 0 comment Print

In re Allied Digital Services Ltd. (GST AAR Maharashtra) Comprehensive ‘CCTV based City Surveillance System’ can be termed as immovable property for following reasons: 1) CCTV based Surveillance System have permanently been fastened to the things attached to the earth. 2) The CCTV based Surveillance System cannot not be shifted without first dismantling it and […]

Benefit of Concessional GST Rate of 12% not available on Contract for business purpose

December 19, 2018 1443 Views 0 comment Print

Now the works under discussion have been undertaken to execute/implement various schemes for constructing sub stations, erection of distribution transformers, implementation of World Bank Projects etc.. Moreover, the above works undertaken by APEPDCL are for business purpose and the benefit of Concessional Rate of 12% (6% under Central tax and 6% State tax) as per notification is not available to the applicant.

GST on Services Provided to NGOs Registered as Charitable Trust

December 19, 2018 17871 Views 2 comments Print

In re Ecosan Services Foundation (GST AAR Maharastra) Question : Services provided to (NGO) Non-profit organization registered as Trust having registration U/s. 12AA of Income Tax Act, amounts to provision of service and any grant/ Donation received towards performing specific service towards preservation of environment as specified in notification no 12/2017, Whether amounts to provision of […]

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