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Landmark Rulings

AAR — GST

1,851 rulings

  1. AAR · 21 Jan 2022
    As per notes in Chapter 84 which defines automatic data processing machine, Entry 8471 specifically provides Automatic data processing machines and units thereof.

    In the matter of Next Education India Pvt Ltd.

    (2022) TaxCorp(IDT) 5803 (AAR)

  2. AAR · 20 Jan 2022
    Fusible Interlining Fabrics of Cotton has to be classified under CTH 5903.

    In the matter of Mahaver Shantilal Bafna

    (2022) TaxCorp(IDT) 5801 (AAR)

  3. AAR · 20 Jan 2022
    The activity of supply of various services under the gamut of Handling by the Applicant without any involvement of goods either as supply or consumed while undertaking such services are ‘Pure Services’ even if the supply is a composite supply of such services.

    In the matter of Handloom Weavers Cooperative Society

    (2022) TaxCorp(IDT) 5800 (AAR)

  4. AAR · 20 Jan 2022
    Marine engines form part of the goods of headings specified in the Entry at Sl. No. 252 and spare parts are part of marine engines and not part of headings.

    In the matter of George Maijo Industries Pvt. Ltd.

    (2022) TaxCorp(IDT) 5799 (AAR)

  5. AAR · 20 Jan 2022
    Description to Sl.No.102 does not include rodent feed and hence taxable under Sl.No.453 of Schedule III of Notification No. 01/2017 dated: 28.06.2017 at the rate of 9% CGST & SGST each.

    In the matter of Hylasco Bio-technology Pvt. Ltd.

    (2022) TaxCorp(IDT) 5797 (AAR)

  6. AAR · 19 Jan 2022
    In as much as Construction is an inclusive explanation in the Act, it definitely covers the Original works of Erection, Installation, commissioning of manufacturing Plant, to the extent such expenditure is capitalized in their books of account.

    In the matter of Inox Air Products Pvt. Ltd.

    (2022) TaxCorp(IDT) 5793 (AAR)

  7. AAR · 17 Jan 2022
    Case laws rendered in the context of earlier service tax laws is distinguishable and have no applicability especially in view of the specific, plain and unambiguous wording in the GST-statute.

    In the matter of Syngenta Biosciences Pvt Ltd.

    (2022) TaxCorp(IDT) 5788 (AAR)

  8. AAR · 17 Jan 2022
    Since the goods exported are covered under Second Schedule to the Export Tariff appended to the Customs Tariff Act, 1975, the appellant is not eligible for refund of unutilized ITC.

    In the matter of Chowgule and Company Pvt. Ltd.

    (2022) TaxCorp(IDT) 5787 (AAR)

  9. AAR · 14 Jan 2022
    Allocation and recovery of salary of employees of HO from BO will be subject to GST.

    In the matter of Cummins India Ltd.

    (2022) TaxCorp(IDT) 5780 (AAR)

  10. AAR · 12 Jan 2022
    Assessee’s supply falls under serial no. 3A of the Notification No. 12/2017- Central Tax (Rate) dated June 28, 2017 since it fulfils the criteria of supply provided by Government/Local Authority/Governmental authority/Government Entity along with functions in relation to Panchayat.

    In the matter of Maa Laxmi Enterprise

    (2022) TaxCorp(IDT) 5772 (AAR)

  11. AAR · 12 Jan 2022
    The law makes it explicitly clear that plant and machinery excludes land as laid down in explanation following Section 17(5).

    In the matter of GACL NALCO Alkalies & Chemical Pvt. Ltd.

    (2022) TaxCorp(IDT) 5771 (AAR)

  12. AAR · 12 Jan 2022
    Bar of blocked credit raised vide Section 17(5)(aa), Section 17(5)(ab) and section 17(5)(b)(i) CGST Act is not applicable in subject case.

    In the matter of Sikka Ports & Terminals Ltd.

    (2022) TaxCorp(IDT) 5770 (AAR)

  13. AAR · 12 Jan 2022
    The instant project doesn’t have any commercial apartments, and as a result, falls under the residential real estate project category.

    In the matter of Kayal Infra

    (2022) TaxCorp(IDT) 5769 (AAR)

  14. AAR · 12 Jan 2022
    Scope of work in respect of O&M contract, includes major and minor repairs, install meters to measure consumption which essentially involves transfer of materials in goods.

    In the matter of Suez India Private Limited

    (2022) TaxCorp(IDT) 5768 (AAR)

  15. AAR · 12 Jan 2022
    Health care services provided under a membership scheme run by multi-super specialty hospitals to its members and their families are not taxable and will not attract GST.

    In the matter of Divyajivan Healthcare LLP

    (2022) TaxCorp(IDT) 5767 (AAR)

  16. AAR · 10 Jan 2022
    Appellant falls within category as described under Section 13 (3) (4) of IGST Act, 2017 because service is performance based and location of performance of service is in India.

    In the matter of Stovec Industries Ltd.

    (2022) TaxCorp(IDT) 5760 (AAR)

  17. AAR · 10 Jan 2022
    Transaction of supply of goods to buyer in case of trading in foreign countries would be treated as supply of goods in course of inter-State trade or commerce.

    In the matter of SPX Flow Technology India Pvt. Ltd.

    (2022) TaxCorp(IDT) 5759 (AAR)

  18. AAR · 06 Jan 2022
    Amount recovered by employer from employee for providing bus transportation facility or canteen facility shall not attract GST.

    In the matter of Emcure House

    (2022) TaxCorp(IDT) 5756 (AAR)

  19. AAR · 07 Jan 2022
    Classification under Chapter 5806 will be attracted for narrow woven fabric of Polypropylene yarn with selvedges.

    In the matter of Rajivkumar Giriraj Bansal

    (2022) TaxCorp(IDT) 5752 (AAR)

  20. AAR · 07 Jan 2022
    A taxpayer who has opted for composition scheme has to pay GST @1% on manufacturing sweet and namkeens.

    In the matter of Chikkaveeranna Sweet Stall

    (2022) TaxCorp(IDT) 5750 (AAR)

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