Advance Ruling

Advance Ruling/Appeal against advance ruling in GST

Goods and Services Tax - ADVANCE RULING UNDER GST Who can apply for Advance Ruling under GST Any registered person or any person who is desirous to obtain a registration under GST act. Link for filing Advance Ruling application Go to Website www.gst.gov.in -> Login with correct credentials -> Services -> User Services -> My Applications -> Applica...

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Advance rulings under GST w.r.t. Input Tax Credit (ITC) (Brief Insight)

Goods and Services Tax - If a Registered person or person desirous of obtaining registration lacks certainty over some of the provisions of the GST act. He shall make application to get his question resolved to the Authority constituted namely the Authority for advance rulings and such decision given by the authority shall be binding on the applicant as well a...

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Simplified Approach of Advance Ruling under GST

Goods and Services Tax - Meaning and Necessity of Advance Ruling under GST: An advance ruling may be defined as an determination of certain matters and question as specified by the law , regarding interpretation of the law specifically in those cases where there is an ambiguity in the law itself and assessee wishes to avoid any type of litigation […]...

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Supply of pure food items from sweet shop-cum-restaurant treated as supply of service at 5% rate of tax without ITC: AAR

Goods and Services Tax - GST AAAR of M/s Kundan Misthan Bhandar observed by Uttarakhand APPELLATE AUTHORITY FOR ADVANCE RULING...

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Advance Ruling for Unregistered Dealers (FORM GST ARA-01)

Goods and Services Tax - FAQs on Advance Ruling for Unregistered Dealers (FORM GST ARA-01) Q.1. Who can apply for Advance Ruling? Ans. An application for Advance Ruling can be made by any person who is registered or is desirous of obtaining a registration, on the matters prescribed under the GST act with the prescribed fee. The process for registered […]...

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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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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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GST on merger of proprietorship firm as a going concern with a private limited company

In re M/s B. M. Industries (GST AAR Haryana) - In re M/s B. M. Industries (GST AAR Haryana) The applicant, on merger of his proprietorship firm as a going concern with a private limited company, is not liable to pay tax under CGST/SGST Act on the fixed assets and currents assets including stocks of raw material, semi-finished and finished goods....

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NO GST exemption on Man Power services to Hospital – cum – General Medical College and State Universities

In re M/s Oscar Security & Fire Service (AAR Haryana) - The services provided by the applicant, i.e. Man Power services to Hospital - cum - General Medical College and State University do not qualify for exemption under Sr. No. 66 of notification no. 12/2017-Central Tax (Rate) dated 28.06.2017 and corresponding notification No. 47/ST-2 Dt. 30.06.2017 of ...

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Input tax credit on hiring of buses / Cars for transportation of employees

In re YKK India Private Limited (GST AAR Haryana) - In re YKK India Private Limited (GST AAR Haryana) 1. The applicant is not eligible to take input tax credit on:- a. GST charged by the Contractor for hiring of buses for transportation of employees. b. GST charged by the Contractor for hiring of cars for transportation of employees? 2. The restrict...

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5% GST payable on right to use minerals given by Govt under RCM

In re M/s United Mining Corporation, Village Mankawas (GST AAR Haryana) - The services for the right to use minerals including its exploration and evaluation, as per Sr. No. 257 of the annexure appended to notification no. 11/2017-CT (Rate), dated 28.06.2017 is included in group 99733 under heading 9973. ...

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Input tax credit on goods available only on receipt of goods

In re M/s Pasco Motor LLP (GST AAR Haryana) - In re M/s Pasco Motor LLP (GST AAR Haryana) In case of invoices being raised by supplier in previous month and goods being received in the succeeding month, input tax credit on goods so received shall be available to the applicant, only when applicant has received the goods. The liability to pay tax...

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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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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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Krishi Kalyan Cess not admissible as Input Tax Credit in GST Regime: AAR

No. GST-ARA-18/2017-18/B-25 - (05/04/2018) - Whether accumulated credit by way of Krishi Kalyan Cess (KKC) as appeared in the Service tax return of Input Service Distributor (ISD) ON June 30, 2017 which is carried forward in the electronic credit ledger maintained by the company under CGST Act 2017, will be considered as admissible input tax-c...

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Customs (Advance Rulings) Amendment Rules, 2017

Notification No. 29/2017-Customs (NT) [G.S.R. 315 (E)] - (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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Recent Posts in "Advance Ruling"

GST on merger of proprietorship firm as a going concern with a private limited company

In re M/s B. M. Industries (GST AAR Haryana)

In re M/s B. M. Industries (GST AAR Haryana) The applicant, on merger of his proprietorship firm as a going concern with a private limited company, is not liable to pay tax under CGST/SGST Act on the fixed assets and currents assets including stocks of raw material, semi-finished and finished goods. The input tax credit […]...

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NO GST exemption on Man Power services to Hospital – cum – General Medical College and State Universities

In re M/s Oscar Security & Fire Service (AAR Haryana)

The services provided by the applicant, i.e. Man Power services to Hospital - cum - General Medical College and State University do not qualify for exemption under Sr. No. 66 of notification no. 12/2017-Central Tax (Rate) dated 28.06.2017 and corresponding notification No. 47/ST-2 Dt. 30.06.2017 of the State Tax....

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Input tax credit on hiring of buses / Cars for transportation of employees

In re YKK India Private Limited (GST AAR Haryana)

In re YKK India Private Limited (GST AAR Haryana) 1. The applicant is not eligible to take input tax credit on:- a. GST charged by the Contractor for hiring of buses for transportation of employees. b. GST charged by the Contractor for hiring of cars for transportation of employees? 2. The restriction on ‘Rent a Cab’ [&hellip...

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5% GST payable on right to use minerals given by Govt under RCM

In re M/s United Mining Corporation, Village Mankawas (GST AAR Haryana)

The services for the right to use minerals including its exploration and evaluation, as per Sr. No. 257 of the annexure appended to notification no. 11/2017-CT (Rate), dated 28.06.2017 is included in group 99733 under heading 9973. ...

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Input tax credit on goods available only on receipt of goods

In re M/s Pasco Motor LLP (GST AAR Haryana)

In re M/s Pasco Motor LLP (GST AAR Haryana) In case of invoices being raised by supplier in previous month and goods being received in the succeeding month, input tax credit on goods so received shall be available to the applicant, only when applicant has received the goods. The liability to pay tax shall arise […]...

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GST on Pollution control device for use in waste to energy plants/devices

In re Ms Boldrocchi India Pvt. Ltd. (GST AAR Haryana)

Pollution control device being supplied by the applicant for use in 'waste to energy plants/devices' are classifiable under chapter heading 8421 of the first schedule to the Customs Tariff Act, 1975 and are covered by Sr. No. 234 of schedule I of Notification No.01/2017-Central Tax (Rate) dt.28.06.2017 & Notification No.35/ST-2 dt.30.06.2...

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Leasing of immovable property & support services is mixed supply

In re Awla Infra (AAR Haryana)

In re  Awla Infra (AAR Haryana) ‘Whether GST is exempt or is applicable on the Private Entrepreneurs Godowns built under the PEG-2008 scheme of the FCI and leased out to the Nodal Agency (UPSWC) on ‘Lease and services basis’ for the storage of FCI’s food grain stocks (Wheat)’? Ruling In view of the above di...

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GST payable on services provided by Esprit India to its associate concern in Hong Kong

In re M/s Esprit India Private Limited (GST AAAR Haryana)

In re M/s Esprit India Private Limited (GST AAAR Haryana) Taxability of services provided by Esprit India to Its associate concern in Hong Kong EDCFE under GST regime.  AAAR upheld AAR order and held that The services provided by Esprit India to its associate concern in Hong Kong EDCFE are taxable supplies FULL TEXT OF […]...

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ITC not admissible on construction of a warehouse with prefabricated building blocks

In re Tewari Warehousing Co Pvt Ltd. (GST AAR West Bengal)

In re Tewari Warehousing Co Pvt Ltd. (GST AAR West Bengal) Whether ITC is admissible on construction of a warehouse with prefabricated building blocks? The warehouse being constructed is immovable property. The input tax credit is, therefore, not admissible on the inward supplies for construction of the said warehouse, as the credit of s...

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GST on amount forfeited for non redemption of payback points

In re M/s Loyalty Solutions and Research Pvt. Ltd. (LSRPLI) (GST AAAR Haryana)

In re M/s Loyalty Solutions and Research Pvt. Ltd. (LSRPLI) (GST AAAR Haryana) The value of points forfeited of the applicant on which money had been paid by the issue of points on account of failure of the end customers to redeem the payback points within their validity period would amount to consideration received in […]...

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