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Advance Rulings

GST payable on freight charges recovered from customers without issuance of consignment note

December 19, 2018 11349 Views 0 comment Print

In re Siemens Limited (GST AAR Maharashtra) Question:-1. Whether the freight charges recovered by the Applicant under the aforesaid contract from the customer without issuance of consignment note will be eligible for exemption from CGST as prescribed in Serial no. 18 of Notification no. 12/2017 – Central Tax Rate F. No. 334/1/2017, dated 28 June […]

GST on engine manufactured & supplied solely & principally for use in railways/locomotives

December 19, 2018 3573 Views 0 comment Print

In re Cummins India Limited (GST AAR Maharashtra) Question :- Whether engine manufactured and supplied solely and principally for use in railways/locomotives are classifiable under HSN Heading 8408 or under HSN Heading 8607 of the Customs Tariff (which has been borrowed for classification purposes under GST regime) as a part used solely or principally for […]

GST in case of supply of maintenance service with incidental supply of goods

December 19, 2018 11370 Views 0 comment Print

In re Cummins India Limited (GST AAR Maharashtra) Since the supply of maintenance service in the present case is for a single price with supply of spare parts/goods as and when required, the supply of both, goods and services are made in conjunction with each other in the ordinary course of business and therefore considering […]

Air Dryer complete with final filter used in breaking system of locomotive attracts 18% GST

December 18, 2018 2625 Views 0 comment Print

In re M/s Blackstone Diesels (AAR Rajasthan) The ‘Air Dryer complete with final filter for used in breaking system of locomotive’ has been rightly classified by the supplier under Chapter 8421 of GST Tariff Act 2017 which attracts GST @18% (CGST 9% + SGST 9% ). FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, RAJASTHAN […]

GST AAR refereed to Appellate Authority due to different views of members

December 18, 2018 1476 Views 1 comment Print

In re M/s Sam Overseas (GST AAR Uttarakhand) Classification and applicability of GST rate on the ‘Rejected Wheat Seed’ and ‘Rejected Paddy Seed’.  Due to different views of members matter been referred to Appellate Authority hearing and decision on said issue in terms of Section 98(5) of the Act ibid which provide that where the […]

GST on supply by Contract Bottling Unit & brand owner to each other

December 15, 2018 7017 Views 0 comment Print

In re Allied Blenders and Distillers Private Limited (GST AAR Maharashtra) Question :- Whether in the facts and circumstances of the present case, the Contract Bottling Unit is making a taxable supply to the Applicant (i.e. Brand Owner), oi . alternatively, whether the Applicant (i.e. brand owner) is making a taxable supply to the. Contract g […]

PP Woven Bags/Sacks shall be classifiable under chapter 39: AAR

December 14, 2018 4362 Views 0 comment Print

In re Nargrani Warehousing Private Limited (GST AAR Madhya Pradesh) Following the ratio of the judgment of Hon’ble High Court of Madhya Pradesh in case of M/s.Raj Packwell Ltd. (Supra) as well as order dtd. 25.10.2018 of the learned West Bengal Appellate of Advance Ruling in case of M/s.Mega Flex Plastics Ltd., both being squarely […]

P.P. Bags of HDPE strips of width less than 5mm classifiable under chapter 39

December 14, 2018 2286 Views 0 comment Print

In re Nagrani Warehouseing Private Limited (GST AAR Madhya Pradesh) Determining the classification of P.P. Bags which are made from strips having width of less than 5mm. It is to be decided by the Hon’ble Advance ruling authority as to whether the aforesaid PP bags would classify under chapter heading 63 or chapter 39 of […]

GST on Non-Laminated Bags manufactured from HDPE/PP Strips

December 14, 2018 1494 Views 0 comment Print

In re Hariom Enterprises (GST AAR Uttar Pradesh) Whether non Laminated Bags manufactured by the Applicant from HDPE/PP Strips of width not exceeding 5mm, used for packing sugar (sugar bag), Flour (Flour bag), Food grain (Grain Bag) and other similar bags are classifiable under Tariff Heading 6305 or heading 3923 of the Customs Tariff Act […]

Contract involving supply of goods & services which are inter-connected & inter¬dependent is Composite Contract

December 14, 2018 867 Views 0 comment Print

In Re Data Matics Global Services Ltd. (GST AAR Uttar Pradesh) (i) Whether a contract can be treated as Composite Contract under GST if it involves making of supply of goods and services which are inter- connected and inter- dependent on each other even though BOQ mentions separate value of goods and services. A contract […]

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