GST is not applicable on services of design engineering and contraction of water tanks by the Government Authority

The Uttarakhand AAR, in the case of M/s. THDC India Limited, held that there is no applicability of the RCM as per the provisions of the Notification No. 13/2017-Central Tax (Rate) dated June 28, 2017, as the supplier of services is not a “Local Authority”. Also, the services provided under the referred MOU i.e. design engineering and contraction of the water tank by the Government Authority are exempt in view of the provisions of the Notification No. 12/2017-Central Tax (Rate), dated June 28, 2017, as amended, as the supplier of services falls under the category of a “Governmental Authority”. In the instant case, the applicant being a receiver of services, there was no applicability of GST under Forward Charge.

Salary Deductions for Canteen Services Not Considered Supply of Service though ITC is available as canteen services provided are obligatory in nature

The AAR, Gujarat in the case of M/s. Dormer Tools India Pvt Ltd ruled that the nominal amount deducted by the Applicant from employee salary would not be considered as supply of services . The AAR, Gujarat further ruled that ITC would be available to the Appellant as per proviso to Section 17(5)(b) of the CGST Act, wherein the canteen service provided by the Applicant is obligatory in nature.

Imported Goods stored in 3P FTWZ being sold and moved to Bonded Warehouse on ‘as is where is’ basis under MOOWR scheme are not liable to GST

The Tamil Nadu AAR, in the matter of M/s. Sunwoda Electronic India Private Limited has held that sale of goods from third-party free trade warehousing zone (“3P FTWZ”) on ‘as is where is’ basis to bonded warehouse under Manufacturing and Other Operations in Warehouse Regulations (“MOOWR”) are not liable to GST as the same is covered under Clause 8(a) of Schedule III of the CGST Act, which reads as “Supply of warehoused goods to any person before clearance for home consumption”.

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