Category Archives: GST Judgments

Bail application rejected due to evasion of GST by opening forged firms : HC

By | September 28, 2018

HIGH COURT OF ALLAHABAD Ranjeet @ Ranjeet Singh v. Union of India VIVEK KUMAR SINGH, J. CRIMINAL MISC. BAIL APPLICATION 21843 OF 2018 SEPTEMBER  6, 2018 Satya Dheer Singh Jadaun, for the Applicant. B.K. Singh Raghuvanshi, for the Respondent. ORDER Vivek Kumar Singh, J. – Supplementary counter affidavit filed by the learned counsel for the complainant today in the… 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 12% concessional GST rate to works contract service for Govt projects for business purpose : AAR

By | September 27, 2018

, the projects under DDUGY, IPDS, ADB, SSTD, Saubhagya Yojna, FSP and all other schemes of governments are carried out for business purpose and the benefit of Concessional Rate of 12% (6% under Central tax and 6% State tax) as per notification under is not available to the applicant on works pertaining to construction, erection,… Read More »

5% GST on food, drinks and & snacks sold in Multiplex : AAR

By | September 27, 2018

Items supplied in Snack Bar and Food Court shall be chargeable to GST in terms of Notification No.il/2017-Central Tax (Rate) as amended by Notification No.46/2017-Central Tax (Rate) and corresponding notification under MPGST ACT,2017 at prevailing rate of 5%(2.5% SGCT and 2.5% CGST), subject to conditions laid down at Serial Number 7 of the parent Notification classifiable under… Read More »

GST ITC allowed on goods & services used for movable infrastructure : AAR

By | September 26, 2018

infrastructure provided by the applicant is different from “Telecommunication Tower” in as much as (i) the infrastructure provided by the applicant docs not contain a. prefabricated shelter made of insulating PUF material made of fibres; b. electronic Panel: c. Base Transceiver Station (BTS) and other radio transmission and reception equipment; d. diesel generator set; (ii) the… Read More »

No GST on Service of maintenance of Parks by society to Govt or local authority : AAR

By | September 20, 2018

AUTHORITY FOR ADVANCE RULINGS, KARNATAKA Nursery Men Co-oprative Society, In re HARISH DHARNIA AND DR. RAVI PRASAD, MEMBER ADVANCE RULING NO. KAR ADRG 18 OF 2018 AUGUST  6, 2018 RULING 1. M/s The Nurserymen Co-operative Society Ltd, (called as the ‘Applicant’ hereinafter), Lalbagh, Bengaluru 560004, having GSTIN number 29AABAT4416F1ZK, has filed an application for Advance Ruling under Section 97… Read More »

No GST even if toll charges collected by sub contractor : AAR

By | September 19, 2018

In case of providing access to a Road or Bridge on payment of toll charge, the exemption is totally based on service of providing access to a road or a bridge on payment of toll charges. There is no restriction regarding the supplier or the recipient of the supply. In the instant case, therefore, even… Read More »

12% GST on Works Contract Services by sub contractor to main contractor for railways original works

By | September 17, 2018

AUTHORITY FOR ADVANCE RULINGS, MAHARASHTRA Shree Construction, In re B.V. BORHADE AND PANKAJ KUMAR, MEMBER NO. GST-ARA-09/2018-19/B-65 JULY  11, 2018 RULING   1. The present application has been filed under section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “the CGST Act and MGST… Read More »

Works Contractor needs to take GST registration in state where he has fixed establishment : AAR

By | September 12, 2018

AUTHORITY FOR ADVANCE RULINGS, RAJASTHAN Jaimin Engineering (P.) Ltd., In re NITIN WAPA AND SUDHIR SHARMA, MEMBER ADVANCE RULING NO. RAJ/AAR/2018-19/07 AND F.NO.IV(4)7/AAR/RAJ/2018-19/33-35 JULY  20, 2018 Ms. Shafaly Girdharwal, CA for the Applicant. RULING 1. SUBMISSION OF THE APPLICANT: M/s Jaimin Engineering Private Limited is engaged in construction of Cold storage. GST provisions for registration are covered in Chapter… Read More »

Receiver of Services can not apply GST Advance Ruling : AAR

By | September 12, 2018

AUTHORITY FOR ADVANCE RULINGS, TAMIL NADU Dr. Dathu Rao Memorial Charitable Trust, In re MS. MANASA GANGOTRI KATA AND THIRU S.VIJAYAKUMAR, MEMBER ORDER NO. 3/AAR/2018 JULY  30, 2018 RULING 1. Dr. Dathu Rao Memorial Charitable Trust, “PATHWAY” E-76/1, 12th West street, Kamaraj Nagar, Thiruvanmiyur, Chennai 600041 (hereinafter called the Applicant or the Trust) is a registered society registered under the Tamil… Read More »