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Advance Rulings

GST on fees forfeited from students, Notice pay recovery etc.: AAR dismisses Application

April 23, 2018 5145 Views 2 comments Print

i. Whether the amount recovered from post graduate course candidates as compensation on certain contingencies, is liable to GST in the hands of Manipal Academy of Higher Education? ii. Whether the amount recovered from employees as notice pay recovery for not serving agreed notice period is liable for GST? iii. Whether fees forfeited from students on discontinuing the course, before the term, is liable to GST?

GST Payable on Services by way of transfer of a going concern: AAR

April 23, 2018 14940 Views 0 comment Print

In re Rajashri Foods Pvt. Ltd. (AAR Karnataka) The transaction of transfer of business as a whole of one of the units of the Applicant in the nature of a going concern amounts to supply of service. The transaction of transfer of one of the units of the Applicant as a going concern is covered […]

Cleaning services supplied to Railways are not exempt from GST: AAR Delhi

April 23, 2018 7674 Views 0 comment Print

It is held that the cleaning services supplied by the applicant to the Northern Railways are not exempted under S. No. 3 of the Notification No. 09/2017 — Integrated Tax (Rate) dated 28.06.2017, as amended by Notification No. 2/2018 — Integrated Tax (Rate) dated 25.01.2018 and parallel Notifications of CGST and SGST.

AAR on GST on Supply of animal carcass in its natural shape to Army

April 21, 2018 1440 Views 0 comment Print

Whether the whole (Sheep/Goat) animal carcass in its natural shape in frozen state in different weight and size packed in LDPE bags without mentioning the weight and one or two such LDPE bags further packed in HDPE bags being supplied to Army by applicant against tender shall qualify as product put up in unit container?

Advance ruling cannot be admitted if same issue is pending before any court

April 20, 2018 1431 Views 0 comment Print

M/s Crux Biotech India Private Limited (GST AAR Andhra Pradesh) Issue- The grain based extra neutal alcohol, which slab under somes in GST era. Is this comes under 18% or exempted or any other tax category? Held-  Under Section 98(2) Advance Ruling Authority shall not admit the application where the question raised in the application […]

AAR Ruling on Credit of Uttarakhand VAT Paid on construction material under GST regime

April 20, 2018 2925 Views 1 comment Print

Whether Credit .of Uttarakhand VAT Paid on construction material such as cement, sand, steel etc. held in closing as on 30.06.2017 is allowed to be carried forward as transitional credit as Uttarakhand GST under GST regime

No GST on Marg Sudharan Shulk & 18% GST on Abhivahan Shulk: AAR

April 20, 2018 1554 Views 0 comment Print

Whether GST is leviable on the Marg Sudharan Shulk and Abhivahan Shulk charged by Forest Division Dehradun from the non-government, private and commercial vehicles engaged in mining work in lieu of use of forest road?

Marine Consultancy Service provided to foreign ship owners do not constitutes composite supply with principal supply of consultancy service

April 18, 2018 6408 Views 0 comment Print

A. 1 Whether Marine Consultancy Service provided to foreign ship owners constitutes composite supply with the principal supply of consultancy service? A. 2 Whether the place of supply of MCS (as a composite supply) will be determined in terms of Section 13(2)(a) of the Integrated Goods and Services Tax, 2017, i.e. the ‘location of recipient of service’?

Tax in India on salary to employee sent abroad for rendering services to a foreign company

April 14, 2018 16953 Views 0 comment Print

Based on the above facts, Salary paid by the applicant to the assignee, Mr. T.N. Santhosh Kumar in India, is not liable to be taxed in India in FY 2011-12 having regard to the provisions of the Act and the relevant Treaty.

5% GST payable on Royalty to Govt for right to use minerals

April 12, 2018 27636 Views 0 comment Print

In re Pioneer Partners (GST AAR Haryana) The services for the right to use minerals including its exploration and evaluation, as per Sr. No. 257 of the annexure appended to notification no. 11/2017-CT (Rate), dated 28.06.2017 is included in group 99733 under heading 9973. The royalty/dead rent paid/payable to the Government by the applicant is […]

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