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Advance Rulings

No input tax credit for Krishi cess in GST Regime: AAR

April 5, 2018 10926 Views 0 comment Print

In re Kansai Nerolac Paints Limited (GST AAR Maharashtra) Whether accumulated credit by way of Krishi Kalyan Cess (KKC) as appeared in the Service tax return of Input Service Distributor (ISD) ON June 30, 2017 which is carried forward in the electronic credit ledger maintained by the company under CGST Act 2017, will be considered […]

GST on ancillary services (Transfer / Extension / Conversion fees etc.)

April 5, 2018 9201 Views 0 comment Print

Whether the following ancillary services provided are exempt from GST • Transfer Fees – Fees charged for the purpose of transfer of Industrial Plot from one person to another. • Extension Fees – Fees charged for delay in the commencement’ of construction and production. • Conversion Fees – Fees charged for the conversion of leasehold plot into freehold.

PVC Carpet Mat taxable at 18% GST: AAR Maharashtra

April 2, 2018 6225 Views 0 comment Print

Heading 3918 covers floor coverings of plastics, whether or not self-adhesive, in rolls or in the form of tiles. We also find that the applicant informs that the manufactured product is a product of running length which is then cut into size as given/specified by the customer. The product is described as being a PVC Carpet Mat and therefore, it is clear that the impugned product would fall in the entry no. 104A of Schedule III, thereby attracting tax at the rate of 18% (9% each of CGST and SGST).

AAR Ruling on GST on sale of undivided and impartible share of land

March 28, 2018 9132 Views 4 comments Print

In re Shri Sanjeev Sharma (AAR Delhi) In the case of supply of services by way of construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, […]

GST: Supply of Food & Beverages in Trains is supply of Goods: Delhi AAR

March 28, 2018 10743 Views 0 comment Print

In re R. K. Gupta, Partner M/s Deepak & Co. (AAR Delhi) In the case of supply of food and beverages (cooked/ MRP/ packed), at defined menu and tariff, by the applicant to IRCTC/ passengers on behalf of IRCTC, on board the Rajdhani/ Duronto Express trains, the service charges are covered under Service Code (Tariff) […]

Storage and warehousing of Agriculture produce- GST exemption applicable for both farmers & traders

March 28, 2018 51150 Views 0 comment Print

M/s SSSVK Cold Storage Private Limited (GST AAR Andhra Pradesh) a) Whether the storage of Agriculture produce falls under Service Account Code (SAC) 998619 or 996721 or some other SAC and rate of tax applicable for such storage of such produces if any. Storage and warehousing of Agriculture produce falls under Service Account Code (SAC) […]

Issue of ITC on clean environment (energy) cess cannot be decided by AAR

March 28, 2018 3417 Views 0 comment Print

M/s Sino Resources (GST AAR Andhra Pradesh) Issue- Whether Input Tax Credit ( ITC) is available on clean environment(energy) cess, paid at the time of import of coal? Held- The subject application filed by the applicant is beyond the jurisdiction of this authority, as it is beyond the domain of Section 97(2) of the CGST […]

Bulk drugs taxable at lower rate of GST of 5%: AAR

March 28, 2018 3372 Views 0 comment Print

In Re. M/s Laurus Labs Limited (GST AAR Andhra Pradesh) Products manufactured by the applicant, even though are bulk drug gets squarely covered under List 1 of SI. No. 180 of the Schedule -I to the Notification No. 01/2017 Central Tax (Rate) dated 28.06.2017. Further as it is settled law that, the specific entry overrides […]

GST Leviable on ‘Duty Free’ shops at Delhi International Airport: AAR

March 27, 2018 3111 Views 0 comment Print

The applicant is in the business of retail sale of sunglasses. The applicant was registered under the Delhi Value Added Tax Act, 2004 and the Central Sales Tax Act, 1956 and now the applicant has migrated to GST regime and its present provisional GST Number is 07AADCR6468R1ZF.

Duty Free Shops supplies not Exports under GST- Delhi AAR ruling

March 27, 2018 7539 Views 1 comment Print

Though section 105 of CGST Act states that every proceeding before Authority for Advance Ruling (AAR) shall be judicial proceedings, however, Rule 103 of CGST rules states that both the member judges of this authority shall be officers not below the rank of joint commissioners. Departmental officers are members of this so called ‘judicial proceedings’ in AAR.

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