Category Archives: GST Judgments Advance Ruling

No ITC on Gift of Gold Coins to customer at end of Scheme : AAR

By | March 12, 2019

Applicant, engaged in business of developing, manufacturing and distributing crop protection chemicals and hybrid seeds, have a contractual agreement as per which if distributor purchases certain amount of company’s product or makes payment in a prescribed manner, then he shall be entitled to a gold coin of specific weight. Held since distribution of gold coins… Read More »

Highest GST Rate on Mixed Supply of service to the students for lodging along with food : AAR

By | March 1, 2019

Whether service to the students for lodging along with food is a composite supply within the meaning of section 2(30) of the GST The Applicant is offering several individual services in two different combinations to the recipients, depending upon their need for lodging facility. None of the combinations of services being offered is a composite… Read More »

No Input tax credit on ambulance for Employees before 01.02.2019 : AAR

By | February 28, 2019

Whether ITC is admissible on ambulances purchased for the benefit of the employees under legal requirement of the Factories Act, 1948. GST AAR West Bangal In re Nipha Exports Pvt Ltd Order No. 43/WBAAR/2018-19 Date of Judgement/Order : 26/02/2019 1. Admissibility of the Application 1 .1 The Applicant, stated to be a manufacturer of agricultural machinery,… Read More »

Goods seized after search under GST can be released upon execution of bond and bank guarantee : HC

By | February 25, 2019

HIGH COURT OF GUJARAT Palak Designer Diamond Jewellery v. Union of India HARSHA DEVANI AND A.P. THAKER , JJ. R/SPECIAL CIVIL APPLICATION NO. 16599 OF 2018 JANUARY  29, 2019  Hardik P. Modh for the Appellant. Nirzar S. Desai for the Respondent. JUDGMENT Harsha Devani, J. – Rule. Mr. Nirzar Desai, learned Senior Standing Counsel waives service of notice of rule on behalf… Read More »

No Input Tax Credit on services for employees township/colony and Guest House : AAAR

By | February 22, 2019

APPELLATE AUTHORITY FOR ADVANCE RULING, ODISHA National Aluminium Company Ltd., In reSASWAT MISHRA AND RAKESH KUMAR SHARMA, MEMBER ORDER NO. 02-03/ODISHA-AAAR/APPEAL/2018-19 JANUARY  21, 2019  P.K. Sahu, Dr. Kedarnath Tripathy, Advs. M.M. Mishra and P. Suna for the Appellant. ORDER M/s. National Aluminium Company Limited (Appellant-I), aggrieved by the Advance Ruling No.02/ODISHA-AAR/18-19, dated 28.09.2018, pronounced by the Odisha Authority for Advance Ruling, Bhubaneswar (AAR), has… Read More »

No ITC on Warehouse constructed using pre-fabricated structure as it is immovable property : AAR

By | February 19, 2019

  AUTHORITY FOR ADVANCE RULINGS, WEST BENGAL Tewari Warehousing Co. (P.) Ltd., In re SYDNEY D’SILVA AND PARTHASARATHI DEY, MEMBER ORDER NO. 40/WBAAR/2018-19 FEBRUARY  18, 2019 Arani Tewari FCA for the Applicant. RULING 1. The Applicant, stated to be supplying warehousing services, is constructing a warehouse on leasehold land, using pre-fabricated technology. According to the Applicant, it can be dismantled and… Read More »

No GST ITC on hiring of buses for transportation of employees : AAR

By | February 16, 2019

Haryana Authority of Advance Ruling YKK India Pvt. Ltd HAR/HAAR/R/2018-19/04 Dated 11.07.18 Whether the Applicant is eligible to take input tax credit on: GST charged by the Contractor for hiring of buses for transportation of employees? GST charged by the Contractor for hiring of cars for transportation of employees? Whether the restriction on ‘Rent a… Read More »

No GST Advance Ruling for Past period activity : AAR

By | February 14, 2019

Whether I can now be converted into regular GST dealer w.e.f. 25.11.2017? If yes, then whether I can avail credit of stock in hand as on 25.11.2017? If I can’t converted into regular GST dealer w.e.f. 25.11.2017 then in that case what will be situation to me. Whether my assessment will be as per return… Read More »

Pay GST on printing the Bible under specific orders from foreign party : AAR

By | December 23, 2018

AUTHORITY FOR ADVANCE RULINGS, WEST BENGAL Swapna Printing Works (P.) Ltd., In re SYDNEY D’SILVA AND PARTHASARATHI DEY, MEMBER ORDER NO. 28/WBAAR/2018-19 DECEMBER  21, 2018 Indranil Das, CA for the Applicant. RULING 1. The Applicant, stated to be engaged primarily in the business of printing, seeks a ruling on whether activities undertaken by procuring orders from a foreign party to… Read More »