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Advance Rulings

AAR cannot give ruling on GST refund & Registration issues due to GSTN portal

September 26, 2018 7014 Views 0 comment Print

In re Mr. Sutapa Sutradhar (GST AAR Kerala) Issues relating to refund of tax paid and failure to complete registration due to GSTN portal problems is not a matter coming under the purview of Advance Ruling. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, KERALA The applicant was a casual taxable person doing business […]

Transfer of right to use of any goods for any purpose is liable to GST

September 26, 2018 13287 Views 0 comment Print

In re M/s. Abbott Healthcare Pvt. Ltd. (GST AAR Kerala) The placement of specified medical instruments to unrelated customers like hospitals, labs etc, for their use without any consideration, against an agreement containing minimum purchase obligation of products like reagents, calibrators, disposals etc for a specific period constitute composite supply. The principal supply is the […]

Supply of works contracts awarded by Govt attracts 12% GST: AAR

September 26, 2018 27678 Views 2 comments Print

i) Supply of works contracts awarded by Government attracts 12% GST. ii) Supply of works contracts awarded by the Central University of Kerala attracts 12% GST. and iii) Supply of work awarded by M/s. HLL Infra Tech Services Ltd. for the construction of Biotech lab and administrative block at Life Science Park, Trivandrum attracts 18% GST.

GST on Supply of food in canteens of office, factory & colleges on contractual basis

September 26, 2018 34464 Views 2 comments Print

In the instant case, principal supply being supply of food i.e. outdoor catering service, and transportation is ancillary, the whole transaction attracts 18% GST being highest rate of tax compared to tax on transportation service. Therefore, the applicant needs to discharge GST on the gross amount (cost of Food + cost of Transportation ) at the rate of 18% i.e., GST rate of outdoor catering service.

GST Input tax paid on purchase of goods used for demonstration purpose

September 26, 2018 6306 Views 0 comment Print

Input tax paid on purchase of goods used for demonstration purpose to customer can be availed as input tax credit on capital goods and set off against output tax payable under GST

GST on Agricultural Soil testing Minilab and its Reagent Refills

September 26, 2018 4968 Views 0 comment Print

In re Nagarjuna Agro Chemicals Private Limited (GST AAAR Telangana) (i) The Refill Reagents, said to be chemicals/chemical substances, however, as supplied to the customers, have no identity whatsoever by any specific name, description or contents etc., so as to show their actual nature / composition. Their only identity is in terms of the SI. […]

Negligence in filing Form-32 by CS constitutes Misconduct: AA

September 25, 2018 2049 Views 0 comment Print

Sital Prasad Swain Vs Disciplinary Committee (Appellate Authority) It is pained to note that none of the parties filed the original minute books or the resolution passed which are the subject matter relevant to the filing of two forms i.e. Form-32 filed for the appointment of Shri Bishender Singh as an Additional / Promoter Director […]

AAR on classification of EPC Contract for electrical cable supply & laying work

September 25, 2018 3843 Views 0 comment Print

In re Yogiraj Powertech Private Limited (GST AAR Maharastra) Question 1. :- Whether EPC Contract for electrical cable supply and laying work can be classified as contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of immovable property wherein transfer of property in goods (whether as goods […]

GST on Mechanical, Electrical & Plumbing Works activities as composite supply of works contract

September 25, 2018 40545 Views 0 comment Print

Whether MEP activities (Mechanical, Electrical & Plumbing Works) undertaken by the applicant falls within the definition of composite supply of works contract as defined under Section 2(119) of CGST Act??

AAR cannot explain Legal procedure for cancellation of flat

September 24, 2018 5988 Views 1 comment Print

In re Kolte Patil Developers Ltd (GST AAR Maharashtra) Applicant asked ‘What is the legal procedure for cancellation of flat which is booked in pre-GST Regime and cancelled in post-GST Regime. Also, GST liability in cases where some small amount is retained, for cancellation (after discussion with customer).’ AAR held that  questions posed before us […]

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