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Category: AAR

AARGST Article

GST shall be levied on payment of lump sum upfront premium as transfer charges of leasehold rights

byCA Bimal Jain05/04/202405/04/2024

It is in the nature of compensation for agreeing to do the transfer of the Applicant’s rights in favour of the Assignee. It is a service classifiable under “Other miscellaneous service” i.e., SAC 999792 and taxable at the GST rate of 18% under SI No. 35 of Notification No. 11/2017- Central Tax (Rate) dated June 28, 2017.

AARGST Article

Compensation collected for Liquidated Damages under the Agreement will be subject to GST

byCA Bimal Jain03/04/202403/04/2024

The Andhra Pradesh, AAR in the matter of South India Krishna Oil & Fats (P.) Ltd. held that the compensation amounts, such as liquidated damages or trade settlement, collected by the Applicant from customers for non-performance or breach of contracts constitute a supply of service and are liable to GST.

AARGST Article

Printing and supply of textbooks to the Government department are taxable under GST

byCA Bimal Jain03/04/202403/04/2024

Printing and supply of textbooks to the Government department are taxable under GST

AARGST Article

ITC is permissible when the consideration is settled via Book Adjustment

byCA Bimal Jain29/03/202429/03/2024

The West Bengal, AAR in the case of Paragon Polymer Products (P.) Ltd., held that claiming credit of input tax by the assessee cannot be denied under section 16(2) of the CGST Act when payment is settled through book adjustments because the law has not put any restriction on such adjustments.

AARGST Article

Perquisites provided by the employer to the employee under the contractual agreement would not be considered as Supply under GST

byCA Bimal Jain19/03/202419/03/2024

The Gujarat AAR in the matter of Kohler India Corporation (P.) Ltd., In re [Advance Ruling No. GUJ/GAAR/R/2024/03 dated January 05, 2024], held that where the Applicant under the Factories Act, 1948 (“the Factories Act”) entered into a contract with the…

AARGST Article

ITC is not available in relation to construction of immovable property which is further let out for commercial purpose

byCA Bimal Jain17/03/202417/03/2024

The Hon’ble West Bengal Appellate Authority for Advance Ruling in the case of In Re. Bathula Mahesh Babu allowed the appeal filed by the Revenue Department, thereby holding that no ITC is allowed on Input Goods or Services in relation to construction of immovable property which is further let out for commercial purposes.

AARGST Article

Supply of service of removal of hump by dredging to the Government is exempt from levy of GST

byCA Bimal Jain28/02/202428/02/2024

The West Bengal AAR, in the case of In Re. Dredging and Desiltation Company (P.) (Ltd.)  [Order No. 25/WBAAR/2023-24 dated December 20, 2023] ruled that, no tax is leviable on the supply of service of removal of hump by dredging…

AARGST Article

Rent received from the Government Hostel is taxable under GST

byCA Bimal Jain27/02/202427/02/2024

The Telangana AAR, in the case of In Re. Navya Nuchu [TSAAR Order No. 05/2024 dated February 09, 2024], held that the act of renting the property to the Schedule Caste Development Department, Government Welfare Departmental Hostels and Government Social Welfare…

AARGST Article

Karnataka AAR rules no GST leviable on Tree Pruners

byCA Bimal Jain25/02/202425/02/2024

The AAR Karnataka in the case of In Re. M/s. Global Marketing [KAR ADRG 02/2024 dated January 29, 2024] held that, Tree Pruners being an agricultural tool, would fall within the purview of HSN Code 8201 6000, and is therefore,…

AARGST Article

GST not leviable on supply of medicines and food to in-patients in the course of providing healthcare services

byCA Bimal Jain23/02/202423/02/2024

The Karnataka AAR in the case of In Re. M/s. Spandana Rehabilitation Research and Training Centre Private Limited [KAR ADRG 06/2024 dated January 29, 2024] held that GST is not leviable on supply of medicines and food to in-patients in…

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