Category Archives: GST Judgments West Benagal AAR

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 Exemption to security and scavenging services to Govt : AAR

By | February 17, 2019

Whether security and scavenging services to the Govt is exempt under SL No. 3 or 3A of Notification No. 12/2017-CT(Rate) dated 28/06/2017, as amended from time to time Held Benefit of exemption from the payment of GST is not available to the Applicant under Notification No 12/2017-CT(Rate) dated 28.06.2017 and WB Govt Gazette Notification-1136-FT dated… Read More »

Polypropylene Leno Bags classifiable as plastic bags : AAAR

By | February 15, 2019

Bags/Sacks manufactured by respondent are not manufacture out of textile material as defined under Heading No. 6305 of the Tariff Act but is rather made of woven strips manufactured out of Polypropylene/Linear Low Density Polyethylene (i.e., made of plastics) as defined under Heading No. 3923, impugned goods are clearly classifiable under Heading No. 39232990 Polypropylene… Read More »

GST on sweeping service to the Govt : AAR Clarify

By | February 6, 2019

Whether sweeping service to the Govt is eligible for exemption under Sl No. 3 or 3A of Notification No. 1136-FT dated 28-6-17 Sanitation and similar services’ are classified under SAC 99945. It includes sweeping and cleaning, but only with reference cleaning of a road or street. Sweeping of premises – public or residential – is… Read More »

No ITC for GST paid on intra-state supply in a state where Taxpayer is not registered : AAR

By | February 3, 2019

Whether GST paid on intra-state supply in a state where the applicant is not registered is admissible as ITC AUTHORITY FOR ADVANCE RULINGS, WEST BENGAL Storm Communications (P.) Ltd., In reSYDNEY D’ SILVA AND PARTHASARATHI DEY, MEMBER CASE NUMBER 39 OF 2018 & 39/WBAAR/2018-19 JANUARY  28, 2019  Sanjay Mundhra for the Applicant. RULING 1. The Applicant, stated to be a… Read More »

GST on works contract for constructing a civil structure for a Govt entity : AAR Clarify

By | January 25, 2019

What should be the rate of GST on works contract for constructing a civil structure for a Govt entity The Applicant is stated to be supplying works contract service. He has entered into an agreement with Inland Waterways Authority of India (hereinafter the IWAI) for construction of a multi-modal IWT terminal at Haldia on EPC… Read More »

Company liable to deduct GST TDS if established by Govt notification

By | January 10, 2019

Summary of Judgments As the GST Act does not define “Control”, it should be construed as defined under the Companies Act, 2013. Section 2(27) of the Companies Act, 2013 defines “Control”. It includes the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons… 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 »

Pay GST on subscription & membership fee received for social welfare activities : AAR

By | December 19, 2018

“Charitable Activity” under GST is clearly defined under clause 2(r) of Notification No 12/2017-CT (Rate) dated 28.06.2017. The activities undertaken by the Applicant do not conform entirely to the definition. At best, the activities undertaken by the Applicant may be broadly defined as social welfare activities Such activity by an entity is an “adventure” and… Read More »

GST Exemption to Indian Institute of Management : AAR

By | November 16, 2018

The Applicant is an ‘educational institution’ within the meaning of sub-clause (ii) of clause 2(y) of Notification No. 12/2017-Central Tax (Rate) dated 28/06/2017 . The Applicant is eligible for benefit for exemption under Entry No. 66(a) of Notification No. 12/2017-CT(Rate) dated 28/06/2017, being an educational institution in terms of clause 2(y) of the said notification.… Read More »

No GST ITC on freight for transportation of non-taxable petro goods to export warehouse

By | October 17, 2018

Whether input tax credit is admissible on GST paid on freight for transportation of non-taxable petro goods to the export warehouse located in another state Held ATF and other non-taxable supplies from the Applicant‟s Haldia Refinery to the export warehouse of Indian Oil Corporation Ltd at Raxaul are not zero rated supplies. They are non-taxable… Read More »

GST Exemption to Printing of question papers for educational institutions :AAR

By | September 28, 2018

Serial No. 66(b)(iv) of Notification No. 12/2017–CT(Rate) dated 28/06/2017, as amended from time to time, as applicable, wholly exempts services provided to an Educational Institution relating to conduct of examination. The phrase ‘relating to’ expands the scope of this entry to include such support services without which conduct of the examination is not possible, unless they are… Read More »

No input tax credit if value in invoice is Zero : AAR

By | September 28, 2018

APPELLATE AUTHORITY FOR ADVANCE RULING, WEST BENGAL Assistant Commissioner,CGST & CX, In re RAKESH KUMAR SHARMA AND RANDHIR KUMAR, MEMBER APPEAL CASE NO. 05/WBAAAR/APPEAL/2018 SEPTEMBER  27, 2018 Sandeep Kothari for the Respondent RULING This Appeal has been filed by the Assistant Commissioner, CGST & CX, Tollygunge Division, Kolkata South Commissionerate (hereinafter referred to as the “Appellant”), on 06.07.2018 against… Read More »

Supply of UPS with battery could be considered as Mixed Supply under GST : AAR

By | August 4, 2018

Supply of UPS with battery could be considered as Mixed Supply: AAR APPELLATE AUTHORITY FOR ADVANCE RULING, WEST BENGAL Switching Avo Electro Power Ltd., In re RAKESH KUMAR SHARMA AND MS. SMARAKI MAHAPATRA, MEMBER APPEAL CASE NO. 04/WBAAAR/APPEAL/2018 JULY  25, 2018 Ravi Raghavan, Adv. for the Appellant. RULING 1. This Appeal has been filed by M/s Switching Avo Electro Power… Read More »

GST on Rakhi Clarified by WEST BENGAL AAR

By | July 6, 2018

GST on Rakhi ? The Applicant has to classify the goods “Rakhi” as per its constituent materials in accordance with Rule 3(c) of Rules for Interpretation of the Customs Tariff Act, 1975, as laid down in Explanatory Notes (iv) of Notification No 1/2017-CT(Rate) dated 28.06.2017 (Note (v) of 1125 –FT dated 28/06/2017 of State Tax).… 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 »