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Category: AAR

AARGST Article

Disallowed ITC on inputs used for pipelines laid outside factory premises being not covered within ‘plant and machinery’

byCA Bimal Jain01/01/202301/01/2023

The AAR, Maharashtra in the matter of M/s Mumbai Aviation Fuel Farm Facility Pvt. Ltd. [Order No. GST-ARA-126/2019-20/B-107 dated December 1, 2022] has ruled that, pipelines laid outside factory premises are not covered within term ‘plant and machinery’ as per…

AARGST Article

18% GST applicable on the cost of the diesel incurred for running generator set in the course of providing rental service

byCA Bimal Jain31/12/202231/12/2022

The AAR, Uttarakhand in the matter of M/s Tara Genset Engineers (Regd.) [Advance Ruling No. 11/2022-23 dated October 31, 2022] has ruled that reimbursement of expenses as cost of diesel for running of Diesel Generator (“DG”) set is an additional…

AARGST Article

Procurement and distribution activity of medicines or surgical equipment on behalf of the government amounts to supply

byCA Bimal Jain31/12/202231/12/2022

The AAR, Andhra Pradesh in M/s Andhra Pradesh Medical Services and Infrastructure Development Corporation [TS-668-AAR(AP)-2022-GST dated December 22, 2022] held that the procurement and distribution of drugs, medicines and other surgical equipment by the assessee on behalf of the Government…

AARGST Article

Housing Board established by the government is a ‘Government Authority’ and services provided by them are exempt from GST

byCA Bimal Jain30/12/202230/12/2022

The AAR, Rajasthan in the matter of M/s. Rajasthan Housing Board [Advance Ruling No. RAJ/AAR/2022-23/20 dated December 14, 2022] has ruled that Rajasthan Housing Board (“RHB”) is covered under the definition of “Governmental Authority” as defined in clause (zf) Paragraph…

AARGST Article

‘Raula Gundi’ to be considered as chewing tobacco (without lime tube) which attracts 28% GST and 160% Compensation Cess

byCA Bimal Jain28/12/202228/12/2022

The AAR, Odisha in Das & Sons [Order No. 03/ODISHA-AAR/2022-23, dated November 22, 2022] has held that ‘Raula Gundi’ is nothing but a chewing tobacco (without lime tube) therefore, will be covered under HSN Code ‘2403 9910’ and will attract…

AARGST Article

18% GST is payable on works contract service of constructing warehouse and cold storage godown for Govt. entity which will be rented out

byCA Bimal Jain17/12/202217/12/2022

The Telangana State Authority of Advance Ruling (“the TSAAR”) in M/s Shree Constructions [TSAAR Order No.56/2022 dated December 8, 2022] held that rate of the Goods and Services Tax (“GST”) payable on works contract services for constructing warehouses, cold storage…

AARGST Article

No GST concession on Service of supply of test bunch equipment as it does not amount to an ingredient to build Aircraft

byCA Bimal Jain14/12/202214/12/2022

The Karnataka Authority of Advance Ruling (“the KAAR”) in Re: M/s Testmesures Spherea Solutions Private Limited [KAR ADRG 46/2022 dated December 2, 2022] denied to grant Goods and Service Tax (“GST”) concession as the service of supply of test bunch…

AARGST Article

Sub-contractor would not be eligible for GST concession rate as main contractor on shifting of electrical utilities

byCA Bimal Jain12/12/202212/12/2022

The West Bengal Authority of Advance Ruling (“the WBAAR”) in Re: M/s Shree Powertech [WBAAR 17 of 2022 dated October 21, 2022] ruled that the subcontractors are not eligible for the Goods and Service Tax (“GST”) concession rate on shifting…

AARGST in Media

Canteen fees: Conflicting GST rulings puzzle companies

byAdmin06/12/202206/12/2022

The Uttarakhand bench of the GST Authority for Advance Rulings (GSTAAR) has held that the nominal sum recovered from employees for provision of subsidised canteen facilities will be subject to goods and services tax (GST). The ruling came recently in…

AARGST Article

Input Tax Credit can be Availed on Corporate Social Responsibility Expenses

byCA Bimal Jain24/11/202225/11/2022

The Telangana AAR, in lieu of an application filed by M/s. Bambino Pasta Food Industries Private Limited, [TSAAR Order No.52/2022] ruled that Corporate Social Responsibility (“CSR”) expenditure for business is eligible for Input Tax Credit (“ITC”). Facts: M/s. Bambino Pasta…

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