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Landmark Rulings

AAR — GST

1,851 rulings

  1. AAR · 21 Apr 2023
    Holder of General Power of Attorney of a commercial property given on rent by a non-resident Indian owner, is liable to be registered under GST.

    In the matter of Nagabhushana Narayana

    (2023) TaxCorp(IDT) 7444 (AAR)

  2. AAR · 20 Apr 2023
    3102 covers minerals or chemical fertilizers of nitrogenous nature but the instant product does not contain nitrogen or nitrogen compounds and thus, it is not covered under heading 3102.

    In the matter of Criyagen Agri & Biotech Pvt Ltd

    (2023) TaxCorp(IDT) 7440 (AAR)

  3. AAR · 20 Apr 2023
    Mattress classified under HSN 940429 and supplied to hostel students of Govt. Schools, educational institutions of Govt of Karnataka under Department of Social Welfare through a third party under tender process under Bill-to Ship to arrangement is liable to IGST at 18%.

    In the matter of Hosur Coir Foams Pvt Ltd

    (2023) TaxCorp(IDT) 7439 (AAR)

  4. AAR · 20 Apr 2023
    12% GST is applicable on wooden ice-cream sticks and wooden ice-cream spoons which merits classification under HSN Code 4419 90 90 as tableware made up of wood other than bamboo.

    In the matter of Ragu Packaging.

    (2023) TaxCorp(IDT) 7438 (AAR)

  5. AAR · 20 Apr 2023
    The services so procured by the Govt entity is in relation to work entrusted to it and therefore, Appellant is eligible for concessional rate of tax at 12% upto December 31, 2021.

    In the matter of SOM VCL (JV)

    (2023) TaxCorp(IDT) 7437 (AAR)

  6. AAR · 19 Apr 2023
    Rendering of service by branch office in one State to head office in another State through employees common to company constitute a supply of service u/s 7 of CGST Act.

    In the matter of Profisolutions Pvt. Ltd.

    (2023) TaxCorp(IDT) 7431 (AAR)

  7. AAR · 12 Apr 2023
    Even if the commodity is packed for retail sale for any buyer who may purchase at a later point, but it is packaged to a specific buyer, therefore first and foremost condition of taxability is not satisfied.

    In the matter of Seetharamnjaneya Dal and Fried Gram Mill.

    (2023) TaxCorp(IDT) 7403 (AAR)

  8. AAR · 12 Apr 2023
    ITC on the above is restricted to the extent of the cost borne by the applicant for providing canteen services to its direct employees, but disallowing proportionate credit to the extent embedded in the cost of goods recovered from such employees.

    In the matter of Cadila Pharmaceuticals Ltd.

    (2023) TaxCorp(IDT) 7402 (AAR)

  9. AAR · 11 Apr 2023
    The applicant is not eligible for exemption available against Sl.No. 3 of the Notification ibid and the services are liable to classified as works contract services and therefore is subject to payment of tax as applicable.

    In the matter of Transmission Corporation of Telangana Limited (TRANSCO)

    (2023) TaxCorp(IDT) 7397 (AAR)

  10. AAR · 11 Apr 2023
    Services provided to Govt schools shall be exempt however, GST is leviable on supply to all the cited Govt Colleges, Government offices and Govt Hospitals.

    In the matter of Sankalp Facilities and Management Services Pvt Ltd.

    (2023) TaxCorp(IDT) 7396 (AAR)

  11. AAR · 10 Apr 2023
    Scope of the ruling for Authority for Advance Ruling is limited to the transactions being undertaken or proposed to be undertaken.

    In the matter of Glensky Spirits Pvt Ltd

    (2023) TaxCorp(IDT) 7393 (AAR)

  12. AAR · 10 Apr 2023
    It is not clear whether the subsidy provided by the Central Government is to be credited directly in account of recipient of services or it is to be accorded to applicant.

    In the matter of Vishwas Green Energy

    (2023) TaxCorp(IDT) 7392 (AAR)

  13. AAR · 10 Apr 2023
    If the question raised is pending or decided in any proceedings pertaining to the applicant, the authority shall refuse to admit such application.

    In the matter of The Indian Hume Pipe Company Ltd.

    (2023) TaxCorp(IDT) 7391 (AAR)

  14. AAR · 06 Apr 2023
    The one-time premium received by Applicant on allotment of completed commercial units/buildings is taxable supply in terms of Section 7 of CGST/SGST Act which is classifiable under SAC 9972, and taxable @18%.

    In the matter of Kedaram Trade Centre

    (2023) TaxCorp(IDT) 7387 (AAR)

  15. AAR · 06 Apr 2023
    GST is not applicable on the amount recovered by the Employer from employees for canteen facility as well as for the transportation facilities provided to them, as the such services do not constitute supply u/s 7 of the CGST Act.

    In the matter of Brandix Apparel India Pvt Ltd

    (2023) TaxCorp(IDT) 7386 (AAR)

  16. AAR · 06 Apr 2023
    Liquidated damages collected by service receiver from service provider for non-performing an act constitutes a supply as per section 7 of CGST Act.

    In the matter of AP Power Development Co. Ltd.

    (2023) TaxCorp(IDT) 7385 (AAR)

  17. AAR · 05 Apr 2023
    Perception of the consumer or the services receiver is an important factor in determining whether the services provided are bundled or not.

    In the matter of Puranik Builders Ltd.

    (2023) TaxCorp(IDT) 7383 (AAR)

  18. AAR · 30 Mar 2023
    Thermal based fogging machines used for mosquito/health/pest/vector control can be classified as mechanical sprayers under entry 325 of schedule III and taxable at 18%.

    In the matter of 100X Circle Pvt. Ltd.

    (2023) TaxCorp(IDT) 7380 (AAR)

  19. AAR · 30 Mar 2023
    Applicant, a Limited Liability Partnership rendering security services is required to charge applicable tax on the security services supplied as per Sec. 9(1) of the CGST/HGST Act, 2017 r/w relevant provisions of the IGST Act.

    In the matter of AS&D Enterprise LLP

    (2023) TaxCorp(IDT) 7379 (AAR)

  20. AAR · 31 Mar 2023
    Fees received by Applicant from Asian Institute for services rendered to their patients is not exempt from GST.

    In the matter of ARPK Healthcare Private Ltd.

    (2023) TaxCorp(IDT) 7374 (AAR)

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