Category Archives: GST Judgments

Coffee supplied to SEZ units is not Zero rated supply : KARNATAKA AAR

By | August 14, 2018

AUTHORITY FOR ADVANCE RULINGS, KARNATAKA Coffee Day Global Ltd., In re HARISH DHARNIA AND DR. RAVI PRASAD M.P., MEMBER ADVANCE RULING NO. KAR/ADRG 13 OF 2018 JULY  26, 2018 S. Vishnumurthy, CA for the Respondent. RULING   1. M/s Coffee Day Global Limited, 23/2, 6th Floor, Vittal Mallya Road, Bangalore – 560 001, having GSTIN number 29AABCA5291P1Z3, have filed an application,… Read More »

No Credit of Krishi Kalyan cess allowed to be carried forward under GST : MAHARASHTRA AAR

By | August 8, 2018

The accumulated credit by way of Krishi Kalyan Cess (KKC) as appeared in the Service tax return of Input Service Distributor (ISD) on June 30, 2017 which is carried forward in the electronic credit ledger maintained by the Appellant under CGST Act 2017, shall not be allowed to be taken as admissible input tax credit.… 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 »

NO GST on Project Management Consultancy services for Pradhan Mantri Awas Yojna : AAR

By | August 2, 2018

Project Development and Management Consultancy services (‘PDMC’) provided by Applicant to recipient under the Contract for AMRUT; and the Project Management Consultancy services (‘PMC’) under the Contract for PMAY would qualify as an activity in relation to function entrusted to Panchayat or Municipality under Article 243G or Article 243W respectively, of the Constitution of India. AUTHORITY FOR ADVANCE… Read More »

Pay GST on transportation charges even if transporter isn’t a GTA: Maharashtra AAR

By | July 28, 2018

Question: “Whether transportation charges received by the applicant are liable to GST, especially when the applicant is not a goods transport agency (GTA)”? Answer: Answered in the affirmative and same is liable to tax as a works contract as per provisions of section 2(119) of the GST Act, AUTHORITY FOR ADVANCE RULINGS, MAHARASHTRA Dinesh Kumar Agrawal, In re… Read More »

No deduction allowed for Rate difference from Transaction value under GST : MAHARASHTRA AAR

By | July 28, 2018

GST on Discounts given after supply The applicant pays GST on the full value of invoice raised by them on the authorised dealers/stockists at the time of original supply of goods to the said authorised dealers/stockists. However, by issuance of credit note for rate difference, the sale price of goods sold by the applicant to the authorised… Read More »

No excuse that part B of Eway bill not updated due to technical error on Portal : Madhya Pradesh HC

By | July 25, 2018

Can you save penalty for not making Eway bill by arguing that Eway bill not updated due to technical error on Portal Video Tutorial by CA Satbir Singh (Voice in Hindi , Slides in English)  explaining how to save penalty if Eway bill not generating due to technical error on eway bill Portal The stand… Read More »

Bail to GST evaders issuing fake invoices : CALCUTTA HC Clarify

By | July 21, 2018

 It is settled position of law that grant of bail is a rule and rejection of bail is an exception While granting bail, the Court has to keep in mind the nature of the accusations, the nature of evidence in support thereof the severity of the punishment which conviction will entail, the character of the… Read More »

GST Rates on Brake Pad and Auto Parts Clarified by HARYANA AAR

By | July 21, 2018

“The Brake Pads, i.e., friction material mounted on metal plate, manufactured by the applicant for motor vehicles of headings 8701 to 8705 (other than specified parts of tractors) are correctly classifiable under HSN 87083000 of the Custom Tariff Act. In view of the notification no. 1/2017-CentraI Tax (Rate), dated 28.06.2017, as amended from time to… Read More »

Fabrication & fitting of bus bodies on chassis supplied by client is not Job work : HARYANA AAR

By | July 21, 2018

The customer is providing only chassis. All inputs/materials required for fabrication of bus body, has to be used by the applicant from its own account. Under such situation it is the bus-body which is being fabricated and also being mounted on the chassis provided by the customer. Therefore, it is not merely job-work. Rather it… Read More »