The AAR held that although security services to FCI qualify as pure services related to Public Distribution System functions, exemption under Notification 12/2017 is unavailable as FCI is not Central/State Government or local authority.
The ruling clarifies that services involving collection and transport of waste without transfer of goods are pure services. As these are rendered to a local authority in relation to functions under the Twelfth Schedule, they are exempt from GST.
The West Bengal AAR held that hookah, whether tobacco or herbal, is not covered under Clause 6(b) of Schedule II as it is inhaled and not ingested. It ruled that hookah supply is a composite supply of goods and taxable at higher GST rates.
The applicant sought advance ruling on composite supply and ITC reversal for bundled beverage mixes with free accessories. The Authority admitted the application but disposed it as withdrawn after the applicant cited commercial unviability.
GSTAT held that although profiteering of ₹1.70 crore was computed, the developer had passed on ₹2.02 crore to home-buyers. With compliance under Section 171 CGST established, no penalty was imposed, though interest must be paid.
The Tribunal accepted the DGAP report finding no extra ITC benefit after GST implementation and held that Section 171 was not violated.
The CCPA held that specific developmental claims such as early crawling and walking were misleading as they lacked scientific studies or quantified data. Disclaimers and testimonials were found insufficient to justify outcome-based advertising.
The Rajasthan High Court held that grant of affiliation is a statutory and regulatory function, not a business activity under the CGST Act. Affiliation fees were ruled not to constitute consideration, making GST levy unsustainable.
The Court reiterated that judicial review in contractual matters is limited to cases of arbitrariness, mala fides, or bias. Finding no such infirmity, it upheld the rejection of the technical bid.
Observing a 16-year litigation cycle, the Court deprecated the practice of remanding matters without clear findings. It mandated categorical directions and final adjudication rather than further reconsideration.
