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Advance Rulings

AAR ruling on admissibility of input tax credit can be sought by supplier only

March 31, 2023 546 Views 0 comment Print

AAR find that [a] applicant before us is not supplier of service and [b] that ruling sought is not for admissibility of input tax credit in respect of supply received by applicant. In fact it is the supplier who may seek an advance ruling in the matter.

No GST on amount of employee’s portion of canteen charges recovered

March 31, 2023 2352 Views 0 comment Print

GST not leviable on amount representing employee’s portion of canteen charges recovered/collected by applicant from its employees and paid to canteen service provider on behalf of employee since it would not be considered as a supply under provisions of section 7 of CGST Act, 2017 and GGST Act, 2017.

GST on services by branch office to head office and vice versa

March 31, 2023 10875 Views 0 comment Print

In re Profisolutions Private Limited (GST AAR Tamilnadu) Determination of the liability to pay tax on any goods or services. Whether the services provided to Head Office will attract GST Liability? Services, including the services of common employees of a person, provided by branch office to head office and vice versa, each having separate GST […]

GST on income from Renting of Warehouse to store Agricultural Produce

March 31, 2023 26025 Views 0 comment Print

In re Samco Logistics LLP (GST AAR Tamilnadu) 1. Rental Income received by the applicant from Renting Warehouse to store Agricultural Produce is a consideration for supply and the activity is covered under the meaning of supply of services in terms of Section 7 of the Central Goods and Services Tax Act, 2017. 2. Renting […]

18% GST applicable on liquidated damages for non-performing of an act

March 31, 2023 4983 Views 0 comment Print

In re AP Power Development co. LTD. (GST AAR Andhra Pradesh) 1. Whether liquidated damages collected by the APPDCL from CHETTINAD LOGISTICS PRIVATE LIMITED for non-performing of an act constitute as supply as per Section 7 of GST act. Answer : Affirmative Question 2 : What is the classification under GST for such liquidated damages […]

No GST on red gram dall supplied in secondary packing in 50 kg bag to AP State Civil Supplies Corporation

March 31, 2023 1461 Views 0 comment Print

AAR held that GST not applicable on supply of 1 kg packing red gram dall secondary packing in 50 kg bag to the AP State Civil Supplies Corporation Limited, Vijayawada as per the design and label given by the corporation with a prior agreement.

GST exempt on services of spraying of agrochemicals at agricultural land

March 31, 2023 3999 Views 0 comment Print

In re PI Industries Ltd (GST AAR Haryana) AAR held that services of spraying of agrochemicals provided by the applicant to the farmers is an exempted supply under the Act as he provides the spraying service directly to the farmers and the consideration for such service is paid by farmers to the Applicant. The spraying […]

GST on preferential location charges & Other charges levied by a builder

March 30, 2023 6552 Views 0 comment Print

In re Puranik Builders Limited (GST AAAR Maharashtra) Insofar as the challenge to the levy of service tax on taxable services as defined under section 65(105) (zzzzu) is concerned, we do not find any merit in the contention that there is no element of service involved in the preferential location charges levied by a builder. […]

GST on supply of scientific & technical instruments – AAR allows application withdrawal

March 30, 2023 501 Views 0 comment Print

In re Seshadri Srikanth (The I.L.E.CO) (GST AAR Tamilnadu) Applicability of a notification issued under the provisions of the Act. Whether supply of scientific and technical instruments, apparatus, equipment to their customer M/S. Mahesh Value Products Pvt. Ltd. is eligible for concessional rate of GST @ 5% as per the Notification No. 45/2017-Central Tax (Rate) […]

Sugarcane juice classifiable under tariff item 20098990 & 12% GST applicable

March 29, 2023 4764 Views 0 comment Print

In re Gobind Sugar Mills Limited (GST AAR Uttar Pradesh) Question 1. Classification of Sugar Cane Juice. Answer: Sugarcane juice is classifiable under chapter 20 and tariff item 20098990. Question 2. Rate of GST applicable on sale of Sugarcane Juice. Answer: Sugarcane Juice is taxable at a rate of 6% CGST & 6% SGST or […]

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