Case Law Details
In re Aquarelle India Private Limited (GST AAR Karnataka)
Question 1 Whether disposing off assets (no CENVAT/VAT Credit was taken) fastened to the building on delivering possession to the lesser, on which no consideration will be received, shall fall within the ambit of “Supply” as per Section 7 of Central Goods and Services Tax Act, 2017 and shall be chargeable with GST, as per provisions of Central Goods and Services Tax, 2017 (alternatively “CGST”), the Karnataka Goods and Services Tax, 2017 (alternatively “KGST”) and Integrated Goods and Services Tax, 2017 (alternatively “IGST”) and rules contained therein?
The transfer of assets fastened to the building on delivering possession to the lessor free shall amount to supply within the meaning of ‘supply’ within the section 7 of the Central Goods and Services Tax Act, 2017 and is chargeable to tax under the GST Acts.
Question 2. If the answer to above question is in affirmative, should the value appearing in the books as on the date of disposal may be construed as the “open market value” on which GST is to be discharged as per Rule 27 of the CGST rules 2017?
The value of such supply of goods would be
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