Advance Ruling

Difference of opinion on Taxability of Renting of Immovable Property Services –Advance Ruling Modified

Goods and Services Tax - In one of the Advance Rulings for exemption in taxability of renting of immovable services, there was a difference of opinion between members. However, as per section 101 of CGST Act, 2017, the Appellate Authority modified the ruling. In this case, the applicant (NDDB) was a statutory body formed under the NDDB Act. Besides providing [&he...

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Analysis of Karnataka AAR Ruling – Sale of Second Hand Jewellery

Goods and Services Tax - Karnataka Authority for Advance Rulings (AAR) has passed a ruling in the matter of Aadhya Gold Private Limited (Order No. KAR ADRG 35/2021 dated 9th July 2021) holding that in case of resale of second-hand gold jewellery, the GST can be discharged under Margin scheme prescribed under Rule 32(5) of CGST Rules 2017. We have […]...

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Business Services by ‘Airbus group India’ carried out in India to be classified as ‘Intermediary Service’- Karnataka AAR

Goods and Services Tax - Business Services by ‘Airbus group India’ carried out in India to be classified as ‘Intermediary Service’- Karnataka AAR This post provides an update about the recent decision of Karnataka Authority for Advance Ruling (‘AAR’) in the case of Airbus Group India Private Limited (AAR No KAR ADRG 31/2021) (“The Applicant”). Thi...

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GST @5% applicable on pick up charges paid to the owner/driver

Goods and Services Tax - In our view, the decision of AAR is correct in law. If any facility is directly related to transportation of passengers and is incidental to such transportation service, then such service shall form part of composite supply and shall be charged as per GST rate applicable to the principle supply....

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GST leviable on interest paid on late payment of invoices

Goods and Services Tax - AAR held that Indian company is liable to pay GST on reverse charge basis for amount paid as interest to its holding foreign company on late payment of invoices of imported goods, as the same is to be included value of supply as per Section 15(2)(d) of the Central Goods and Services Act, 2017...

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GST Authorities of Advance/Appellate Rulings-Status Upto April 2019 

Goods and Services Tax - Authority for Advance Ruling (AAR) constituted under the provisions of a SGST/ UTGST Act, in terms of the provisions of Section 96 of the CGST Act, 2017 to render ruling on issues specified under Section 98 of the CGST/SGST Act which are binding on respective tax authority and tax payers. Being aggrieved by said Ruling, […]...

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Writ in Madras HC against constitution of GST Authority for Advance Rulings

Goods and Services Tax - Revenue Bar Association has filed and Writ Petition in Madras High Court under Article 226 of the Constitution of India seeking a writ of declaration to declare: a) Chapter XVII of the Central Goods and Services Tax Act, 2017, more particularly, sections 96 and 99 of the Central Goods and Services Tax Act, 2017 relating […]...

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Host all GST advance ruling judgement at one website

Goods and Services Tax - ICAI has requested Government to host all the advance ruling judgement at one website either at CBIC or GST Council. ICAI is Apex Body of Chartered Accountants in India. The Authority for Advance Ruling constituted under the GST Laws, have been delivering its judgement regularly on the various cases before it. Presently, there is no [&hel...

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Creation of two additional benches of the Authority for Advance Rulings (Income Tax)

Goods and Services Tax - The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi, today gave its approval to the following:- i. Creation of two additional benches of the Authority for Advance Rulings (Income Tax), one in New Delhi and one new bench in Mumbai; ii. creation of two posts of Vice-Chairmen in the Apex scale and four […]...

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Concessional rate of tax for foreign oil exploration and production companies

Goods and Services Tax - Income of foreign companies providing technical services and data to oil exploration and production companies in India will be taxed at a concessional rate, the Authority for Advance Rulings (AAR) on income tax has said in a recent decision. The ruling will be a big help to oil prospecting companies in India as they step up exploration ac...

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Unburnt or half-burnt coal and dust attracts 18% GST

In re Jeevaka Industries Private Limited (GST AAR Telangana) - In re Jeevaka Industries Private Limited (GST AAR Telangana) Under which HSN Code should the following goods be classified: The wastes, namely, a. Cinder Half-burnt Coal / Char Dolachar and b. ESP / Bag Filter Dust generated during the process of manufacturing Sponge Iron under DRI process? (1a) &am...

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Time of supply & point of taxation for flats allotted to land owner by builder

In re Vajra Infracorp India Private Limited (GST AAR Telangana) - In re Vajra Infracorp India Private Limited (GST AAR Telangana) 1. Time of supply and point of taxation with respect to flats allotted to land owner by the builder by way of supplementary agreement on 15.05.2017 (i.e., before GST regime) where as the construction will be completed during GST regime....

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AAR Telangana allows Ace Urban Infocity to withdraw Application

In re Ace Urban Infocity (GST AAR Telangana) - In re Ace Urban Infocity (GST AAR Telangana) In the reference 1st cited, M/s. Ace Urban Infocity Limited has sought certain clarification by filing an application for Advance Ruling. Through the reference 2nd cited, Deputy Commissioner (STU-3) Hyderabad Rural Division, was requested to go through th...

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Private coachings for CA, CS, CMA etc. are not “educational institution”, liable to pay GST

In re Logic Management Training Institute (GST AAAR Kerala) - Institutes imparting education to students for becoming Chartered Accountant (CA), Cost Accountancy, Company Secretary (CS), Certified Management Accountant (CMA) etc are not covered under the definition of 'educational institution' in Para 2 (y) of the Notification No. 12/2017 Central Tax (Rate) da...

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PVC tufted coir carpet/Mat classified under Tariff Heading 5703 90 90

In re Eco Wood Private Limited (GST AAAR Kerala) - In re Eco Wood Private Limited (GST AAAR Kerala) The impugned goods viz. PVC tufted coir carpet/Mat is classified under Tariff Heading 5703 90 90 and is liable to GST at the rate of 12% as per SI No. 144 of Schedule II of Notification No. 01/2017-Central Tax (Rate) dated 28-06-2017 as amended. FULL ...

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Rajiv Magoo appointed as member of Maharashtra GST Advance Ruling Committee

Notification No. GST-1021 / C.R. 43 / Taxation-1 - (29/04/2021) - Shri. Rajiv Magoo, Joint Commissioner of Central Tax has been appointed as member of Maharashtra GST Advance Ruling Committee in the place of Ms. P. Vinitha Sekhar. FINANCE DEPARTMENT Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya, Mumbai 400 032, Dated the 29th April 2021. NOTIFICATION MAHARASH...

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Guidelines for online e-hearing before GST AAR Maharashtra

Trade Circular ARA-01T of 2020 - (02/11/2020) - The Authority for Advance Ruling under Maharashtra Goods and Services Tax Act, 2017 will be conducting physical hearing of all applicants from its establishment at Mumbai, in respect of Advance Ruling Application filed by the said applicants....

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Advance Ruling Authority -MVAT

Notification No. VAT/AMD. 2015/1A/15/ADM-8 - (06/10/2020) - Commissioner of State Tax, Maharashtra State, hereby constitute the Advance Ruling Authority, comprising the following members : Shri Govind Vasantrao Bilolikar (CST-APP-F-002)...

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Attendance of jurisdictional officer for hearing of Advance Ruling

NO: GST/ARA/Maharashtra State/2018-19/B-49 Internal circular ARA No. 01/2019 - (03/04/2019) - Written submissions made by the concerned Officer /jurisdictional officer shall be approved by the jurisdictional Commissioner of Central Tax in case of CGST and Joint Commissioner of State Tax in case of SGST....

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CBDT amends Income Tax Advance ruling Forms

Notification No. 31/2018-Income Tax [G.S.R. 647(E) - (13/07/2018) - Income-tax (7th Amendment) Rules, 2018- CBDT seeks unique number for identification of non-resident- CBDT amends Forms for advance ruling -Notification No. 31/2018-Income Tax Dated 13th July, 2018 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) Notification No. 31/2018-In...

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Recent Posts in "Advance Ruling"

Difference of opinion on Taxability of Renting of Immovable Property Services –Advance Ruling Modified

In one of the Advance Rulings for exemption in taxability of renting of immovable services, there was a difference of opinion between members. However, as per section 101 of CGST Act, 2017, the Appellate Authority modified the ruling. In this case, the applicant (NDDB) was a statutory body formed under the NDDB Act. Besides providing [&he...

Read More

Unburnt or half-burnt coal and dust attracts 18% GST

In re Jeevaka Industries Private Limited (GST AAR Telangana)

In re Jeevaka Industries Private Limited (GST AAR Telangana) Under which HSN Code should the following goods be classified: The wastes, namely, a. Cinder Half-burnt Coal / Char Dolachar and b. ESP / Bag Filter Dust generated during the process of manufacturing Sponge Iron under DRI process? (1a) & (1b) commodities fall under HSN Code ...

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Time of supply & point of taxation for flats allotted to land owner by builder

In re Vajra Infracorp India Private Limited (GST AAR Telangana)

In re Vajra Infracorp India Private Limited (GST AAR Telangana) 1. Time of supply and point of taxation with respect to flats allotted to land owner by the builder by way of supplementary agreement on 15.05.2017 (i.e., before GST regime) where as the construction will be completed during GST regime. As per Notification No.4/2018 Dt:25.01....

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AAR Telangana allows Ace Urban Infocity to withdraw Application

In re Ace Urban Infocity (GST AAR Telangana)

In re Ace Urban Infocity (GST AAR Telangana) In the reference 1st cited, M/s. Ace Urban Infocity Limited has sought certain clarification by filing an application for Advance Ruling. Through the reference 2nd cited, Deputy Commissioner (STU-3) Hyderabad Rural Division, was requested to go through the attachment and inform the above penden...

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Analysis of Karnataka AAR Ruling – Sale of Second Hand Jewellery

Karnataka Authority for Advance Rulings (AAR) has passed a ruling in the matter of Aadhya Gold Private Limited (Order No. KAR ADRG 35/2021 dated 9th July 2021) holding that in case of resale of second-hand gold jewellery, the GST can be discharged under Margin scheme prescribed under Rule 32(5) of CGST Rules 2017. We have […]...

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Private coachings for CA, CS, CMA etc. are not “educational institution”, liable to pay GST

In re Logic Management Training Institute (GST AAAR Kerala)

Institutes imparting education to students for becoming Chartered Accountant (CA), Cost Accountancy, Company Secretary (CS), Certified Management Accountant (CMA) etc are not covered under the definition of 'educational institution' in Para 2 (y) of the Notification No. 12/2017 Central Tax (Rate) dated June 28, 2017 (Services Exemption No...

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PVC tufted coir carpet/Mat classified under Tariff Heading 5703 90 90

In re Eco Wood Private Limited (GST AAAR Kerala)

In re Eco Wood Private Limited (GST AAAR Kerala) The impugned goods viz. PVC tufted coir carpet/Mat is classified under Tariff Heading 5703 90 90 and is liable to GST at the rate of 12% as per SI No. 144 of Schedule II of Notification No. 01/2017-Central Tax (Rate) dated 28-06-2017 as amended. FULL TEXT […]...

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PVC Carpet Mat is applicable to rate of GST at 18% (9% each of CGST & SGST)

In re Soft turf (GST AAAR Kerala)

In re Soft turf (GST AAAR Kerala) AAAR held that impugned goads viz. PVC carpet Mat would fall in the Customs Tariff heading 3918 and applicable rate of GST would be 18% (9% each of CGST and SGST). However, this order is restricted to the types of PVC floor coverings/Carpet/Mats being manufactured by the Applicant […]...

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GST payable on amount received as reimbursement of discount or rebate

In re Santhosh Distributors Kottayam (GST AAAR Kerala)

In re Santhosh Distributors Kottayam (GST AAAR Kerala) 1. Whether the discount provided by the M/s Castrol to their dealers through the appellant attracts any tax under GST ? Yes, the additional discount reimbursed by M/s Castrol, is liable to be added to the consideration payable by the customers or dealers to the appellant. The [&hellip...

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GST not leviable on reimbursement of property tax received from members of Housing Society

In re Emerald Court Co-operative Housing Society Limited (GST AAR Maharashtra)

In re Emerald Court Co-operative Housing Society Limited (GST AAR Maharashtra) Question: – Determination of the liability to pay GST on Maintenance charges. Emerald Court Co-op Housing Society Ltd is a Co-operative Housing Society (CHS). It looks after the upkeep of the society and its members. The CHS provides services to its membe...

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