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Landmark Rulings

AAR — GST

1,851 rulings

  1. AAR · 30 Mar 2023
    PVC Cushion Mats for motor vehicles cannot be considered purely car accessories and are classifiable under Chapter 39 which attracts 18% GST.

    In the matter of Oswal Poly Rubbers

    (2023) TaxCorp(IDT) 7373 (AAR)

  2. AAR · 30 Mar 2023
    Supply of leasing pre-owned vehicles cannot be treated as leasing or renting of goods such as computer, furniture, etc. and the rates shall be applicable as per the specification of vehicles.

    In the matter of Dream Road Technologies Pvt Ltd

    (2023) TaxCorp(IDT) 7372 (AAR)

  3. AAR · 30 Mar 2023
    Transactions of supplying rice to customers in pre-packaged and labelled packages having quantity upto 25 Kgs falls within the purview of the scope of supply and attracts levy of tax.

    In the matter of DD International Pvt Ltd

    (2023) TaxCorp(IDT) 7371 (AAR)

  4. AAR · 29 Mar 2023
    A Cooperative Housing Society's outgoing member's contribution, is nothing but advance amount paid to the society for services carried out or to be carried out for the members of the Society and is therefore taxable as per GST laws.

    In the matter of Monalisa Co-operative Housing Society Ltd.

    (2023) TaxCorp(IDT) 7369 (AAR)

  5. AAR · 29 Mar 2023
    Mere undergoing training with the applicant without endorsement of the licence by a competent authority will not enable a pilot to fly an aircraft or seek employment.

    In the matter of CAE Flight Training (India) Pvt Ltd.

    (2023) TaxCorp(IDT) 7367 (AAR)

  6. AAR · 29 Mar 2023
    Supply of goods to Overseas Customers without goods entering the Indian territory is covered under Entry 7 of Schedule III of CGST Act, 2017, since the Applicant is supplying goods from a location outside India to another location outside India.

    In the matter of Marubeni India Pvt Ltd

    (2023) TaxCorp(IDT) 7366 (AAR)

  7. AAR · 29 Mar 2023
    Sugarcane can be considered as other parts of plants covered by Ch 20 which is preparation of vegetables, fruits, nuts or other parts of plants and more appropriately by tariff item 20098990.

    In the matter of Gobind Sugar Mills Ltd.

    (2023) TaxCorp(IDT) 7365 (AAR)

  8. AAR · 29 Mar 2023
    Sale of one of the independent running business divisions of Applicant along with all the assets and liabilities of independent business division on a going concern basis, in terms of business transfer agreement constitutes supply.

    In the matter of PICO2DEMTO Semiconductor Services Pct. Ltd.

    (2023) TaxCorp(IDT) 7364 (AAR)

  9. AAR · 17 Mar 2023
    Applicant is liable for payment of GST at the rate of 12% in terms of notification No. 201201 9-C.T. (Rate), dated 30-9- 2019.

    In the matter of JCP Agro Process P Ltd.

    (2023) TaxCorp(IDT) 7326 (AAR)

  10. AAR · 17 Mar 2023
    Poly Vinyl Chloride floor-mats for use in cars is classifiable under CTH 8708 on which applicable rate of GST would be 28%.

    In the matter of Manishaben Vipulbhai Sorathiya

    (2023) TaxCorp(IDT) 7325 (AAR)

  11. AAR · 17 Mar 2023
    Service received by registered person by way of renting of residential premises used as guest-house for company employees is taxable under Reverse Charge Mechanism.

    In the matter of Indian Metals and Ferro Alloys Ltd.

    (2023) TaxCorp(IDT) 7323 (AAR)

  12. AAR · 13 Mar 2023
    Roof Mounted Air-Conditioning Unit manufactured by the Applicant is classifiable under HSN 8415 as Air Conditioning Machines, comprising a motor driven fan and elements for changing temperature and humidity and such classification of goods shall not alter on account of supply by it to Railways.

    In the matter of Ess Kay Engineering Company

    (2023) TaxCorp(IDT) 7302 (AAR)

  13. AAR · 13 Mar 2023
    Activity of building and fabricating of Tipper Body and mounting the same on chassis supplied by the customers and collecting fabrication charges including inputs required for such work, shall result in a supply of service under SAC 9988, attracting GST at 18%.

    In the matter of Raj Agro Aids

    (2023) TaxCorp(IDT) 7301 (AAR)

  14. AAR · 13 Mar 2023
    Applicant is not entitled to claim ITC as per Section 16 of the CGST Act, on the purchases made by it from the seller who had discharged its tax liability but the preceding seller had not discharged its liability.

    In the matter of Vimal Alloys Pvt Ltd

    (2023) TaxCorp(IDT) 7300 (AAR)

  15. AAR · 13 Mar 2023
    Entry 8607 is general in nature which covers parts of railway locomotives or rolling stock whereas entry 8415 is a very specific entry devoted to classification of Air Conditioning machines.

    In the matter of Ess Ess Kay Engineering Company Pvt. Ltd.

    (2023) TaxCorp(IDT) 7299 (AAR)

  16. AAR · 03 Mar 2023
    Supply of readily available ice creams sold over the counter cannot be considered as supply of restaurant service, is akin to supply of ice cream from ice cream parlour, hence would attract GST at 18%.

    In the matter of HRPL Restaurants Pvt Ltd

    (2023) TaxCorp(IDT) 7278 (AAR)

  17. AAR · 03 Mar 2023
    When the vouchers intended to be procured by the Appellant is neither goods nor service, the question of ITC eligibility does not arise as primary condition for eligibility to input tax credit is that there should be an inward supply of either goods or services on which tax is charged by the supplier.

    In the matter of Myntra Designs Pvt. Ltd.

    (2023) TaxCorp(IDT) 7277 (AAR)

  18. AAR · 01 Mar 2023
    Food products manufactured by Applicant are covered under Tariff Heading 2106 and exigible to 18% GST.

    In the matter of SATS Food Solutions India Pvt Ltd.

    (2023) TaxCorp(IDT) 7267 (AAR)

  19. AAR · 28 Feb 2023
    Services provided by Applicant in relation to maintenance of various colonies developed by CGHB and not handed over to local authority is not eligible for the benefit of NIL rate of GST.

    In the matter of Call Me Services

    (2023) TaxCorp(IDT) 7261 (AAR)

  20. AAR · 28 Feb 2023
    CESC is neither Government authority nor a local authority as it fails to satisfy conditions of Para 2(zf) of Notification No. 12/2017-C.T. (R) dated June 28, 2017.

    In the matter of Chamundeshwari Electricity Supply Corporation Ltd.

    (2023) TaxCorp(IDT) 7259 (AAR)

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