Advance Ruling

GST Advance Ruling

Goods and Services Tax - Under GST, the advance ruling is a written decision given by the Authority for Advance Ruling to an applicant on questions relating to the supply of goods/services etc. An Applicant would like to be clear in his mind about various aspects of his venture and risks involved before he starts a new business....

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Why Government chosen to amend Advance Ruling Mechanism under GST?

Goods and Services Tax - The GST Council in such manner has looked to limit such problems by making a critical alteration in the CGST Act-2017, wherein it will be mandatory for the Authority for Advance Rulings (AAR) at the state level to be led by senior income authorities....

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All About Income Tax Advance Ruling Provisions

Goods and Services Tax - A resident taxpayer may have some taxation issues in respect of a transaction which has been undertaken or proposed to be undertaken with a non-resident. Similarly, a non­resident may have some taxation issues in respect of transaction which has been undertaken or proposed to be undertaken by him in India....

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Valuation of supply between distinct or related persons/ Rule 28- West Bengal AAR

Goods and Services Tax - Applicant (‘GKB Lens Pvt. Ltd.’) is an importer and seller of Optical Lenses and Frames for Spectacles and Accessories, etc (goods) having head office in West Bengal. These goods are transferred to branches in other States. Applicant wishes to understand valuation for the purpose of charging GST on such transfer of goods....

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Printing Contracts to be classified as ‘Services’ and not ‘Goods’- West Bengal AAR

Goods and Services Tax - Applicant (Photo Products Company Pvt. Ltd.) is printing content supplied by the customers on photographic paper which is already present with applicant. The customers who wish to publish posters, pictures, photographs, design layouts etc. provide the content as files on digital media such as CD, DVD, HDD or pen drive. ...

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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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Foreign Foreign companies or individuals, including FII can enjoy lower capital gain tax

Goods and Services Tax - According to a recent decision of the Mumbai bench of the Income Tax Apellate Tribunal, non-resident companies and individuals are entitled to a beneficial rate of tax of 10% on long-term capital gains arising from the sale of shares of listed entities. Earlier, non-resident assessees were taxed at the rate of 20%....

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Facility of advance ruling on service tax and excise matters extended to PSU and resident Indian companies

Goods and Services Tax - Public sector companies can now seek advance ruling on Customs, Central Excise and Service Tax matters. Also, Indian companies (those considered as resident under the Income-Tax law) have now been allowed to seek advance ruling on project imports. The Center’s move to extend the advance ruling facility to public sector companies comes n...

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GST on Bio Fertilizer or Organic Manure

In re Rhizo Organic ( GST AAR Rajasthan) - The goods (Bio Fertilizer or Organic Manure); other than those put up in Unit Container and bearing a brand name; will be covered under Schedule I of rate of GST on Goods and attracts NIL rate of duty & The goods (Bio Fertilizer or Organic Manure); put up in Unit Container and bearing a brand name, ...

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Determination of place of supply is outside the purview of GST AAR

Utility Powertech Ltd (GST AAR Chhattisgarh) - Section 97(2)(c) of CGST Act, 2017 stipulates that ruling as regards time and value of supply of goods or services or both, can only be raised before AAR for advance ruling. It is precisely for this very reason also, that determination of place of supply has been kept out of the purview of Authority...

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Input credit not available on packing material used for supply of exempt goods

VNR Seeds Pvt. Ltd., Raipur (GST AAR Chhattisgarh) - VNR Seeds Pvt. Ltd., Raipur (GST AAR Chhattisgarh) The applicant is not entitled to ITC on the packing material used for packaging seeds, while making such exempted supply of seeds to their own branches and to other purchasers. They are however, entitled for ITC (of the tax involved in the purchase ...

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GST: Supply of service to Companies cannot be regarded as Service to Govt

IL&FS Education and Technology Services Ltd. (GST AAR Odisha) - Recipient of the service Odisha Knowledge Corporation Limited (OKCL) is a body corporate which cannot be regarded as Government. Therefore, the activities of the applicant by way of supply, of goods and services under the ICT project are not covered under Entry 72 of the notification no.12/2017 date...

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AAR Kerala allows advance ruling withdrawal on applicability of Margin Scheme on demo cars

In re M/s. Popular Motor World (P) Ltd (GST AAR Kerala) - GST Act, 2017 - Advance Ruling U/s 98 - whether the sale of 'demo cars' will fall under Rule 32(5) of the GST Rule - Also known as Margin Scheme- Request for withdrawal of application - Orders issued...

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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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Appellate Authority For GST Advance Ruling in Maharashtra

Notification No. MGST-1018/C.R.38/Taxation-1 - (10/05/2018) - Government of Maharashtra, hereby constitutes an Authority known as The Maharashtra Appellate Authority for Advance Ruling for Goods and Services Tax The said Appellate Authority shall consist of the Chief Commissioner, Central Goods and Services Tax and Central Excise, Mumbai Zone and the Commissi...

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Customs (Advance Rulings) Amendment Rules, 2017

Notification No. 29/2017-Customs (NT), - (31/03/2017) - These rules may be called the Customs (Advance Rulings) Amendment Rules, 2017. Authority means the Authority for Advance Rulings constituted under section 245-O of the Income-tax Act, 1961 (43 of 1961)....

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Amendment in Rules of Appointment of AAR Chairman & Vice-Chairman

G.S.R. 1001(E) - (24/10/2016) - Selection Committee.- (1) The Chairman and Vice-Chairman of the Authority shall be appointed by the Central Government from a panel of names recommended by a Selection Committee consisting of the following members,...

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CBDT Directive Regarding Representation Before Authority For Advance Rulings

50088/2015-FT&TR-V - (14/08/2015) - No. 50088/2015-FT&TR-V Dated: 14th August, 2015 I am directed to refer to the above-mentioned subject and to state that as per Advance Ruling (Procedure) Rules, 1996;if a Commissioner desires to be heard, he can appear personally or may nominate his authorised representative before the Authority of ...

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Recent Posts in "Advance Ruling"

GST on Bio Fertilizer or Organic Manure

In re Rhizo Organic ( GST AAR Rajasthan)

The goods (Bio Fertilizer or Organic Manure); other than those put up in Unit Container and bearing a brand name; will be covered under Schedule I of rate of GST on Goods and attracts NIL rate of duty & The goods (Bio Fertilizer or Organic Manure); put up in Unit Container and bearing a brand name, will be taxable under GST @ 5%....

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Determination of place of supply is outside the purview of GST AAR

Utility Powertech Ltd (GST AAR Chhattisgarh)

Section 97(2)(c) of CGST Act, 2017 stipulates that ruling as regards time and value of supply of goods or services or both, can only be raised before AAR for advance ruling. It is precisely for this very reason also, that determination of place of supply has been kept out of the purview of Authority for Advance Ruling (AAR) stipulated und...

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Input credit not available on packing material used for supply of exempt goods

VNR Seeds Pvt. Ltd., Raipur (GST AAR Chhattisgarh)

VNR Seeds Pvt. Ltd., Raipur (GST AAR Chhattisgarh) The applicant is not entitled to ITC on the packing material used for packaging seeds, while making such exempted supply of seeds to their own branches and to other purchasers. They are however, entitled for ITC (of the tax involved in the purchase of such packing material) […]...

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GST: Supply of service to Companies cannot be regarded as Service to Govt

IL&FS Education and Technology Services Ltd. (GST AAR Odisha)

Recipient of the service Odisha Knowledge Corporation Limited (OKCL) is a body corporate which cannot be regarded as Government. Therefore, the activities of the applicant by way of supply, of goods and services under the ICT project are not covered under Entry 72 of the notification no.12/2017 dated 28.06.2017, to be entitled to the bene...

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AAR Kerala allows advance ruling withdrawal on applicability of Margin Scheme on demo cars

In re M/s. Popular Motor World (P) Ltd (GST AAR Kerala)

GST Act, 2017 - Advance Ruling U/s 98 - whether the sale of 'demo cars' will fall under Rule 32(5) of the GST Rule - Also known as Margin Scheme- Request for withdrawal of application - Orders issued...

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18% GST applicable on supply of rubber wood / standing rubber trees

In re Sri.N.C. Varghese, Thrissur (GST AAR Kerala)

In GST, firewood is exempted as per HSN Code 4401. There is no differentiation between soft wood and hardwood in GST. It is hereby clarified that rate of tax on rubber wood in the aforesaid transaction is 18% under the HSN 4403....

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AAR Karnataka allows UltraTech Cement to withdraw advance ruling

M/s UltraTech Cement Limited (GST AAR Karnataka)

Applicant has sought for Advance Ruling on the question that Whether the amount paid to dealer towards 'rate difference' post supply can be considered for the purpose of arriving at the 'transaction value' in terms of Section 15 of the Central Goods and Service Act'2017 ?. But the Applicant requested to permit them to withdraw the applica...

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AAR Karnataka allows withdrawal of advance ruling on applicability of GST for slump sale

In Re M/s Zenith Controls & Systems Private Limited (GST AAR Karnataka)

Applicant has sought for Advance Ruling on the applicability of GST for slump sale and also GST applicability on the stock which is part of slump sale. But the Applicant requested to permit them to withdraw the application filed for advance ruling vide their letter dated 17.04.2018, even prior to personal hearing....

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AAR Karnataka allows withdrawal of advance ruling on Auxiliary services- Export of Services

In Re M/s H&M Hennes & Mauritz India Pvt. Ltd. (GST AAR Karnataka)

In Re M/s H&M Hennes & Mauritz India Pvt. Ltd. (GST AAR Karnataka) Whether the auxiliary services provided by H&M Hennes & Mauritz India Private Limited to Plus Trading Far East Limited, Hong Kong in terms of Auxiliary Services Agreement dated 19th January 2015 (effective from 01 February 2015) qualify as Export of Service...

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Brand Owner liable to pay GST on Profit earned by allowing brand use

In Re. United Breweries Limited (GST AAR Karnataka)

In Re United Breweries Limited (GST AAR Karnataka) (a) Whether beer bearing brand/s owned by M/s United Breweries Limited (Brand Owner/UBL) manufactured by Contract Brewing Units (CBUs) out of the raw materials, packaging materials and other input materials procured by it and accounted by it and thereafter selling such beer to various par...

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