Advance Ruling

Whether tax paid on intra-state inward supply in one state can be used to pay output tax liability in another state

Goods and Services Tax - Whether tax paid on intra-state inward supply in one state can be used to pay output tax liability in another state. INTRODUCTION:- Many Businessman come across the transaction where he received the Intra state supply and paid GST (i.e. CGST & SGST) in a state where he does not have GST Registration. Now Question is […]...

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Supply of un-assembled parts & components to railways not classifiable under Chapter 86 for lower rate of GST

Goods and Services Tax - Supply of un-assembled parts & components to railways not classifiable under Chapter 86 for lower rate of GST The Hon’ble AAR Haryana in M/s. JSL India Private Limited [Advance Ruling No. HAR/HAAR/R/2018-19/51 decided on April 24, 2019] held that supply of un-assembled rail coach from one unit to another unit where these goods would...

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No ITC on temporary structure created for wedding & other banquet functions

Goods and Services Tax - AAR, Haryana held that, temporary structure (i.e., hall or pandal or shamiana or any other place) built up with iron/steel pillars tight up with nuts and bolts specially created for functions would be treated as Immovable property....

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No ITC on canteen services & business promotion expenses incurred by company

Goods and Services Tax - AAR held that Input Tax Credit (ITC) is not available with respect to canteen services provided by the employer to their employees and on business promotion expenses. Further, held that the distribution of food coupons among employees for part consideration will attract tax liability and the coupon value will form part of total taxable va...

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Booking/selling plots during development of township amounts to ‘sale of land’; but services of development of land taxable @ 18%

Goods and Services Tax - Booking/selling plots during development of township amounts to ‘sale of land’; but services of development of land taxable @ 18% The Hon’ble AAR Haryana in M/s. Informage Reality Private Limited [Advance Ruling No. HAR/HAAR/R/2018-19/15 dated October 5, 2018] has held that booking/ selling of plots to be done by the Applicant and t...

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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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In absence of taxable supply liaison office not required to register under GST

In re Fraunhofer-Gesellschaft ZurForderung der angewandten Forschung (GST AAAR Karnataka) - In re Fraunhofer-Gesellschaft ZurForderung der angewandten Forschung (GST AAAR Karnataka) Since the parent company in Germany and the Appellant in India cannot be treated as separate persons but as one legal entity, the liaison activity performed by the Appellant for the parent company is in the nat...

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GST AAR disposed without any ruling for non payment of Application Fees

In re Smt. Anju Parakh (GST AAR Chhattisgarh) - In re Smt. Anju Parakh (GST AAR Chhattisgarh) As the applicant failed to comply with the legal procedures despite being made known about the same as above vide letter dated 20.09.2019 and thereafter during the course of personal hearing held on 27.12.2019, this authority is of the considered view th...

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ITC on maintenance of township, guest house, hospital, horticulture in ordinary course of business

In re National Aluminium Company Ltd. (GST AAR Odisha) - In re National Aluminium Company Ltd. (GST AAR Odisha) Advance Ruling in respect of entitlement to take credit of input tax paid on various goods and services used for maintenance of applicant’s township, guesthouse, hospital, horticulture in its ordinary course of business. Establishment of h...

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HC requests Delhi Governor to notify Nomination of member of Advance Ruling Authority 

Pernod Ricard Pvt Ltd Vs Authority For Advance Ruling GST (Delhi High Court) - Having regard to the fact that since November, 2020, the Advance Ruling Authority has not been conducting the hearings, we make a request to the Hon’ble Lieutenant Governor to take up the matter on priority basis and process the nomination received from the CBIC at the earliest....

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ROM rejection order not merges with original advance ruling order

In re Durga Projects & Infrastructure Pvt Ltd (GST AAAR Karnataka) - In re Durga Projects & Infrastructure Pvt Ltd (GST AAAR Karnataka) even in cases where a rectification of mistake application is admitted and a mistake apparent on record is corrected, the original order is not set aside. The original order remains on record and only the mistakes are corrected ...

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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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Details of officers designated as Rajasthan Appellate Authority for Advance Ruling

Trade Notice No. 04/2018 - (13/06/2018) - This Trade Notice is being issued to facilitate the Trade to know the details of the officers designated as the Rajasthan Appellate Authority for Advance Ruling constituted in terms Section 99 of the Rajasthan Goods & Service Tax Act, 2017, for the purpose of hearing appeals against the Advance Ruli...

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Advance Ruling’s Popular Posts

Recent Posts in "Advance Ruling"

In absence of taxable supply liaison office not required to register under GST

In re Fraunhofer-Gesellschaft ZurForderung der angewandten Forschung (GST AAAR Karnataka)

In re Fraunhofer-Gesellschaft ZurForderung der angewandten Forschung (GST AAAR Karnataka) Since the parent company in Germany and the Appellant in India cannot be treated as separate persons but as one legal entity, the liaison activity performed by the Appellant for the parent company is in the nature of a service rendered to self A serv...

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GST AAR disposed without any ruling for non payment of Application Fees

In re Smt. Anju Parakh (GST AAR Chhattisgarh)

In re Smt. Anju Parakh (GST AAR Chhattisgarh) As the applicant failed to comply with the legal procedures despite being made known about the same as above vide letter dated 20.09.2019 and thereafter during the course of personal hearing held on 27.12.2019, this authority is of the considered view that their application at this stage [&hel...

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ITC on maintenance of township, guest house, hospital, horticulture in ordinary course of business

In re National Aluminium Company Ltd. (GST AAR Odisha)

In re National Aluminium Company Ltd. (GST AAR Odisha) Advance Ruling in respect of entitlement to take credit of input tax paid on various goods and services used for maintenance of applicant’s township, guesthouse, hospital, horticulture in its ordinary course of business. Establishment of hospitals and maintenance thereof may be ...

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Whether tax paid on intra-state inward supply in one state can be used to pay output tax liability in another state

Whether tax paid on intra-state inward supply in one state can be used to pay output tax liability in another state. INTRODUCTION:- Many Businessman come across the transaction where he received the Intra state supply and paid GST (i.e. CGST & SGST) in a state where he does not have GST Registration. Now Question is […]...

Read More

HC requests Delhi Governor to notify Nomination of member of Advance Ruling Authority 

Pernod Ricard Pvt Ltd Vs Authority For Advance Ruling GST (Delhi High Court)

Having regard to the fact that since November, 2020, the Advance Ruling Authority has not been conducting the hearings, we make a request to the Hon’ble Lieutenant Governor to take up the matter on priority basis and process the nomination received from the CBIC at the earliest....

Read More

ROM rejection order not merges with original advance ruling order

In re Durga Projects & Infrastructure Pvt Ltd (GST AAAR Karnataka)

In re Durga Projects & Infrastructure Pvt Ltd (GST AAAR Karnataka) even in cases where a rectification of mistake application is admitted and a mistake apparent on record is corrected, the original order is not set aside. The original order remains on record and only the mistakes are corrected therein. The principle of doctrine of me...

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Renting of e-bikes/bicycles without operator is classifiable under SAC 9973

In re Yulu Bikes Pvt Ltd (GST AAAR Karnataka)

Renting of e-bikes/bicycles without operator is classifiable under SAC 9973 - Leasing or rental services without operator and rate of tax as applicable under entry Sl.No.17(viia) of Notification no. 11/2017 CT(R) dated 28th June 2017 as amended is applicable to the instant case...

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Thermal spray/metal or metal alloy coating on goods belonging to another person is Job work

In re Spraymet Surface Technologies (Pvt.) Ltd. (GST AAR Karnataka)

In re Spraymet Surface Technologies (Pvt.) Ltd. (GST AAR Karnataka) Section 2 (68) of CGST Act, 2017 defines job work as, ‘any treatment or process undertaken by a person on goods belonging to another registered person’. Further Schedule II, in relation to Section 7 of the CGST Act 2017, prescribes the activities or transactio...

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Eligibility of Transitional Credit is not under Advance Ruling purview

In re Shapoorji Pallonji and Company Private Limited (GST AAAR Tamilnadu)

In re Shapoorji Pallonji and Company Private Limited (GST AAAR Tamilnadu) The Appellate Authority has ruled as follows: 1.With regard to the Mobilization Advance transitioned into GST on which no Service Tax is paid as per Chapter V of Finance Act 1994, the issue is not answered and is deemed to be that no ruling […]...

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Supply of un-assembled parts & components to railways not classifiable under Chapter 86 for lower rate of GST

Supply of un-assembled parts & components to railways not classifiable under Chapter 86 for lower rate of GST The Hon’ble AAR Haryana in M/s. JSL India Private Limited [Advance Ruling No. HAR/HAAR/R/2018-19/51 decided on April 24, 2019] held that supply of un-assembled rail coach from one unit to another unit where these goods would...

Read More

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