Category Archives: GST Judgments Advance Ruling

Importer has to Pay IGST on ocean freight : AAR

By | June 7, 2018

Issue : Whether under Reverse Charge Mechanism, IGST should be paid by the importer on ocean freight in case of CIF basis contract, when service provider and service recipient both are outside the territory of India. Held : An importer is required to pay IGST on the ocean freight. Therefore as on date, even if the… Read More »

No GST on toll charges for using forest road but GST on Abhivahan Shulk : AAR

By | June 7, 2018

No GST is leviable as on date on the said “marg sudharan shulk” charged and collected by the applicant. Applicant is liable to pay GST @ 18% on the said “Abhivahan Shulk” under Service Code 9997 and to be treated as “other services”. AUTHORITY FOR ADVANCE RULINGS, UTTARAKHAND Divisional Forest Officer In re VIPIN CHANDRA AND AMIT GUPTA, MEMBER RULING NO.… Read More »

GST exemption for Health care services under GST : AAR ruling

By | June 1, 2018

Applicant Engaged in diagnosis, pre and post counselling, therapy and prevention of diseases by providing tests Questions “Health care services provided by clinical establishments, an authorised medical practitioner or para-medics are exempted vide SL.No.74 of the Notification No. 12/2017- Central Tax (Rate) dated 28th June, 2017. Therefore the issue/s before us to decide are a.… Read More »

EPC contract for solar power plant is not Composite Supply : AAR

By | June 1, 2018

a) Whether supply of turnkey Engineering, Procurement & Construction (‘EPC’) Contract for construction of solar power plant wherein both goods and services are supplied can be construed to be a Composite Supply in terms of Section 2(30) of CGST Act, 2017 b) If Yes, Whether the Principal Supply in such case can be said to be… Read More »

Statutory company is not Government : No GST benefit can be availed : AAR

By | June 1, 2018

1. “Whether the contract, executed by them for KPTCL, is a divisible contract [Supply of goods & Supply of Services] or an indivisible contract [ works contract]?” 2. “Whether the tax rate of 12% [CGST-6% + SGST-6%] is applicable to the above contract, in pursuance of Notification No.24/2017-Central Tax (Rate) dated 21.09.2017?” RULING 1. The… Read More »

How to pay GST on transportation & allied services relating to goods supply : AAR Clarified

By | May 31, 2018

Whether tax is payable on transportation and allied services relating to supply of goods. WEST BENGAL AUTHORITY FOR ADVANCE RULING GOODS AND SERVICE TAX 14 Beliaghata Road, Kolkata – 700015 Name of the applicant IAC Electricals Pvt Ltd Address 701 Central Plaza, 2/6 Sarat Bose Road, Kolkata-20 GSTIN 19AAACI6040B1Z1 Case Number 08 of 2018 Date… Read More »

Activity of printing by photo lab is supply of goods or service under GST : AAR Clarified

By | May 31, 2018

Whether activity of printing by a photo lab is supply of goods or service and its classification Photo Products Company Pvt Ltd WEST BENGAL AUTHORITY FOR ADVANCE RULING GOODS AND SERVICE TAX 14 Beliaghata Road, Kolkata – 700015 Name of the applicant Photo Products Company Pvt Ltd Address 8/2 Sido Kanhu Dahar, Kolkata – 700069… Read More »

How to do Valuation of supplies to branches in other states : AAR Clarified

By | May 31, 2018

Whether value of supplies to branches in other states is to be determined under Second Proviso to Rule 28. WEST BENGAL AUTHORITY FOR ADVANCE RULING GOODS AND SERVICE TAX 14 Beliaghata Road, Kolkata – 700015 Name of the applicant GKB Lens Pvt Ltd Address P-46, Kasba Industrial Estate, Phase II, Kolkata – 700107 GSTIN 19AACCG3446M1ZA… Read More »

Transfer of business as going concern exempts from GST: Karnataka AAR

By | May 29, 2018

Transfer of business as ‘going concern’ exempts from GST: Karnataka AAR AUTHORITY FOR ADVANCE RULINGS, KARNATAKA Rajashri Foods (P.) Ltd., In re HARISH DHARNIA AND DR. RAVIPRASAD, MEMBER ADVANCE RULING NO. KAR ADRG 06 OF 2018 APRIL  23, 2018 RULING   1. M/s Rajashri Foods Private Ltd,, (hereinafter referred to as ‘Applicant’ holding GSTIN number 29AAACR6946B1ZC, having registered address… Read More »

GST payable on rental premises taken by Hospital on lease : AAR

By | May 28, 2018

whether GST is leviable on the amount of rent paid/payable by them towards leasing of the premises by the hospital or not ? There is no provision available in the Act which allows exemption on an input service if the output service provided by the taxable person is exempt.  [Join GST Online Course by CA… Read More »