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Advance Rulings

Services to Educational Boards – Sub contractor not eligible to claim exemption

November 25, 2022 1362 Views 0 comment Print

In re Magnetic Infotech Pvt Ltd. (GST AAAR Telangana) Exemption not available to sub-contractor on services provided to educational institutions on behalf of main contractor The AAAR, Telangana in the matter of M/s Magnetic Infotech Private Limited [Order-in-Appeal No. AAAR/13/2022 dated November 22, 2022] has ruled that the sub-contractor is not entitled to claim Goods […]

Data Centre Switch Router models lassifiable under sub-heading 85176290

November 25, 2022 1023 Views 0 comment Print

CAAR rule that Data Centre Switch Router models specified in para 2 are classifiable under sub-heading 85176290 of first schedule to Customs Tariff Act, 1975 and are eligible to avail benefit under Sr. No. 13N of Notification No. 24/2005-Customs

Data Center Switch models capable to be used as carrier ethernet switches classifiable under sub-heading 85176290

November 25, 2022 2223 Views 0 comment Print

In re Ingram Micro India Pvt. Ltd (CAAR Mumbai) M/s Ingram Micro India Private Limited filed an application on 17.08.2022 seeking advance rulings on the classification of 18 different series of data centre switch models and applicability of Sr. No. 20 of Notification No. 50/2017-Customs, dated 30.06.2017 on these devices. 2. The applicant is a […]

Mould Base merit classification under Sub-heading 84807900

November 25, 2022 1077 Views 0 comment Print

In re SMI-Amtek Cranshaft Pvt. Ltd (CAAR Delhi) CAAR note that the applicants intend to import specially designed, cut-to-shape & size goods said to be mould bases. It is also confirmed by the authorized representative that question posed for advance ruling is not pending before the officer of Customs and no dispute has arisen at […]

Classification of Laser Jet Printer should be based on its primary function

November 25, 2022 1203 Views 0 comment Print

In re HP India Sales Pvt. Ltd. (CAAR Delhi) The moot question is as to whether or not, the items, i.e printers in question, in absence of formatter board and firmware have the essential character of a printer. To arrive at the conclusion, I intend to refer to a few judgments. In the case of Jaypee […]

Medical Insurance premium for employees, pensioners & their family members are taxable under GST

November 21, 2022 825 Views 0 comment Print

AAAR upheld the ruling passed by AAR of not providing the benefit of exemption under entry no. 3 of the Notification 12/2017-Central Tax (Rate) dated June 28, 2017 wherein the payment was made for medical insurance premium for employees, pensioners, and their family members.

Parts & accessories of hearing aids falling under tariff item 90219010 not entitled for GST exemption

November 21, 2022 1761 Views 0 comment Print

In re Sivantos India Pvt. Ltd. (GST AAAR Karnataka) AAAR held that Since the parts and accessories of hearing aids falling under tariff item 9021 90 10 are not specifically mentioned in any of the entries of the exemption notification No 02/2017 Central Tax (Rate) and are also not specifically mentioned in either Schedule I, […]

Appeal cannot be filed against the question unanswered/rejected by AAR

November 21, 2022 2748 Views 0 comment Print

AAAR set aside order of AAR for failure in giving a ruling on question of taxability under GST on services provided by assessee on the grounds that it involves determination of place of supply which is beyond its jurisdiction. Held that, the AAR was incorrect for failing to make a ruling on the matter. Further, remanded back the case to the AAR for fresh consideration.

GST applicable on cost of diesel incurred for running DG Set in Course of Providing DG Rental Service

November 19, 2022 8694 Views 0 comment Print

GST @ 18 % is applicable on the cost of the diesel incurred for running DG Set in the Course of Providing DG Rental Service as per Section 15 of the Central Goods and Services Tax Act, 2017 / Uttarakhand Goods and Service Tax Act, 2017.

Concessional duty benefit under Project Import Regulations under CTH 9801

November 16, 2022 2457 Views 0 comment Print

In re Pune IT City Metro Rail Limited (CAAR Mumbai) The applicant has sought an Advance Ruling on whether the applicant and Siemens Limited can register the said ‘Project’ and avail the concessional duty benefit under Project Import Regulations under the CTH 9801 with recommendation / sponsoring letter issued by the PMRDA. In this regard […]

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