Category Archives: GST Judgments

Pay GST on Supply of Hotel Services to guests & employees of SEZ units, outside SEZ : AAR

By | November 16, 2018

The Hotel Accommodation & Restaurant services being provided by the Applicant, within the premises of the Hotel, to the employees & guests of SEZ units, can not be treated as supply of goods & services to SEZ units in Karnataka & hence the intra state supply and are taxable accordingly. AUTHORITY FOR ADVANCE RULINGS KARNATAKA… Read More »

No GST Exemption on renting of godown for storage of agricultural produce : GUJARAT AAR

By | November 16, 2018

AUTHORITY FOR ADVANCE RULINGS, GUJARAT Rishi Shipping., In re R.B. MANKODI AND G.C. JAIN, MEMBER ADVANCE RULING NO. GUJ/GAAR/R/2018/4 MARCH  20, 2018 Haresh Vaishnav for the Applicant. RULING 1. The applicant M/s. Rishi Shipping has submitted that the company is a Cargo Handling company operating at Kandla Port Trust under stevedoring license issued by Kandla Port and provide Cargo Handling… Read More »

No GST on e procurement transaction fee collected on behalf of ITE&C : AAR

By | November 16, 2018

Whether the e procurement transaction fee collected on behalf of ITE&C department results in supply of goods or services or both, within the meaning of supply as defined law. Whether the tax liability arises on e procurement transaction fee collected on behalf of ITE&C department. Held It is supply as defined in SGST Act 2017… Read More »

GST on Long duration post graduate diploma programmes by IIM : AAR Clarify

By | November 14, 2018

Whether the long duration post graduate diploma/degree granting programmes offered by the Indian Institute of Management, Bengaluru other than specifically mentioned in Sl.No.67 of Notification No.12/2017 – Central Tax (Rate) dated 28th June 2017 as amended by Notification No.2/2018 dated 25th January 2018 are exempted from the GST output liability on education as a part… Read More »

Govt should issue order for correction of error in TRAN-1 : HC

By | November 12, 2018

HIGH COURT OF BOMBAY O/E/N India Ltd. v. Union of India M.S. SANKLECHA AND RIYAZ I. CHAGLA, JJ. WRIT PETITION NO. 2086 OF 2018 SEPTEMBER  26, 2018 Dr. Abhinav Chandrachud for the Petitioner. Pradeep S. Jetly, J.B. Mishra and Ms. Jyoti Chavan, AGP for the Respondent. ORDER 1. This Petition under Article 226 of the Constitution of India seeks a direction to the Respondent No.… Read More »

GST on Jobwork done for foreign customer on imported materials and re-exporting the same : AAR Clarify

By | November 9, 2018

Taxability of Jobwork done for imported materials i.e TEA  and re-exporting the same. Held The place of supply for this transaction shall be “location where services are actually performed” as per Section 13(3)(a) of IGST Act 2017 The process of providing job work service to the foreign principal , in the premises of the applicant as… Read More »

AAR Clarify GST on tobacco leaves procured at tobacco auction platforms / directly from farmers

By | November 7, 2018

What is the rate of GST applicable on tobacco leaves procured at tobacco auction platforms or directly from farmers, which are cured and dried by farmers themselves? Held , Yes, GST Rate is 5% If the applicant purchases tobacco leaves form other dealers who have purchased them farmers, for the purpose of trading what will… Read More »

18% GST on Classic Malabar Parota & Whole Wheat Malabar Parota as classifiable as food preparations : AAR

By | November 4, 2018

Held Classic Malabar Parota’ and ‘Whole Wheat Malabar Parota’ are classified under Schedule III of GST Laws, vide Heading 2106 ‘Food preparations not elsewhere specified or included’ and is taxable at rate of 18 per cent GST Eligibility of exemption from GST vide Notification No.2/2017 – Central Tax / SRO No.361/2017 is applicable only for… Read More »

No GST on Rent paid to Kerala Govt. for leased land used for coffee plantation : AAR

By | November 4, 2018

Quit rent/lease rent paid to Kerala Government on land used for agricultural purpose i.e. Coffee Plantation be classified under HSN 9986 and eligible for exemption under GST AUTHORITY FOR ADVANCE RULINGS, KERALA Cochin Plantations Ltd., In re B.G. KRISHNAN AND B.S. THYAGARAJABABU, MEMBER ADVANCE RULING NO. KER/11/2018 OCTOBER  20, 2018 Arun Kumar for the Applicant. RULING Click here Other… Read More »