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Advance Rulings

Full ITC eligible on Road Construction Services which is liable to tax: AAR

September 15, 2018 18246 Views 1 comment Print

In re Nagaur Mukandgarh Highways Pvt. Ltd. (GST AAR Rajasthan) 1. The applicant is rendering taxable services during the construction, of roads which is liable to tax; hence they are entitled to claim full ITC under.the provisions of section 16(1) of the CGST Act. 2017. 2. The Applicant is entitled to claim ITC on supplies […]

GST on EPC contract for set up of solar power generating system

September 15, 2018 6558 Views 0 comment Print

In re Solai Redirect India LLP (GST AAR Rajasthan) Whether EPC contract for set up of solar power generating system be considered as a composite supply with PV modules being the principal supply and be taxed at a rate of 5% (i.e. tax rate applicable on the P.V. modules)? As per the statement of facts submitted […]

IGST payable on testing services to foreign companies on goods made available by them: AAR

September 15, 2018 12177 Views 0 comment Print

In re Behr-Hella Thermocontrol India Pvt. Ltd. (GST AAR Maharashtra) The argument of the applicant is that the services provided by the applicant in this case, as per the agreement, are completed only when the test reports are sent to their overseas clients is not tenable for the reason that first of all the service of […]

GST on Air-Cooled condenser forming part of Waste to Energy plant

September 14, 2018 1527 Views 1 comment Print

In re Enexio Power Cooling Solutions Private Limited (GST AAR Andhra Pradesh) Whether the Air-Cooled condenser to be supplied by the applicant to the buyer for use in the waste-to-energy project is classifiable as ‘parts for the manufacture of waste to energy plants/devices’, attracting 5% IGST or 2.5% CGST and 2.5% APGST? As per the […]

GST on Biofos Mono /Di calcium phosphate animal feed supplement

September 14, 2018 6408 Views 0 comment Print

In re Srivet Hatcheries (GST AAR Andhra Pradesh) Biofos Mono calcium Phosphate/Di calcium phosphate animal feed supplement, HSN Code No: 23099090, is classifiable under exempted goods, notified vide the Entry No.102 of Notification No.02/2017, dated: 28th June 2017. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING,(ANDHRA PRADESH) Note: Under Section 100 of the APGST Act’2017, […]

GST on lease instalment to RIADA in respect of scheduled land/shed for a period of 30 years

September 14, 2018 1008 Views 0 comment Print

In re Tangerine Skies Private Limited (GST AAR Jharkhand) The amount payable in instalment to the Ranchi Industrial Development Authority (RIADA) on lease in respect of the scheduled land/ shed for a period of 30 years from the date of allotment after getting the allotment letter does not come under the category of upfront payment. […]

GST on Lease amount payable to RIADA after getting allotment letter

September 14, 2018 1386 Views 0 comment Print

In re Matrix Horizons Private Limited (GST AAR Jharkhand) The amount payable in installment to the Ranchi Industrial Development Authority (RIADA) on lease in respect of the scheduled land/ shed for a period of 30 years from the date of allotment after getting the allotment letter does not come under the category of upfront payment. […]

GST on LED based luminaire in passenger coaches of Indian Railways

September 13, 2018 1119 Views 0 comment Print

In re Bitcom Technologies Pvt. Ltd. (GST AAR Uttar Pradesh) a) What is the correct classification HSN code based luminaire in passenger coaches of Indian Railways which exclusively works on electric supply of 110/127 Volts? Ans.  Correct classification of luminaire in passenger coaches of Indian Railways which exclusively works on electric supply of 110/127 Volts […]

AAR not maintainable if question raised in application is already pending

September 12, 2018 1218 Views 0 comment Print

In re Sterlite Technologies Limited (GST AAR Maharashtra) Authority for Advance Ruling shall not admit the application where the question raised in the application is already pending or decided in any proceedings in the case of an applicant under any of the provisions of this Act” and further stating that in view of the express […]

GST on Pollution control device for use in waste to energy plants/devices

September 11, 2018 10818 Views 0 comment Print

Pollution control device being supplied by the applicant for use in ‘waste to energy plants/devices’ are classifiable under chapter heading 8421 of the first schedule to the Customs Tariff Act, 1975 and are covered by Sr. No. 234 of schedule I of Notification No.01/2017-Central Tax (Rate) dt.28.06.2017 & Notification No.35/ST-2 dt.30.06.2017, chargeable to CGST @2.5% and SGST @ 2.5%.

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