Appellate Orders

Sr. No. Name of the Applicant States/UT Appeal Order No. & Date Brief of Order ­in ­Appeal (OIA) Download AR Order No. and Date, against which Appeal has been filed
101 M/s KRBL Infrastructure Private Limited Uttar Pradesh UP/AAAR/03/2022 dated 30.09.2022

Accordingly, we hold that the appeal filed by the Appellant is not admissible in eye of law and therefore, it is dismissed on the ground of limitation itself without going into the merits of the case.

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Order No-UP ADRG-90/2021 dated 17.12.2021
102 M/s HYT Engineering Company Private Limited Uttar Pradesh UP/AAAR/02/2022 dated 15.07.2022

Question-1 Whether the work awarded to the appellant is a composite supply of works contract service.          

Answer-1 Yes, it is a composite supply of works contract service.       

Question-2 Whether the benefit of Sl No. 3(v)(a) of the Notification No. 11/2017-Central Tax (Rate), as amended vide Notification No. 20/2017-Central Tax (Rate) ia applicable ti the subject works.

Answer-2 They are eligible to take the benefit of Sl No. 3(v)(a) of the Notification No. 11/2017-Central Tax (Rate), as amended vide Notification No. 20/2017-Central Tax (Rate) for the subject work.

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Order No. UP ADRG 92/2022 dated 24.01.2022
103 M/s Hilti Manufacturing India Pvt. Ltd. Gujarat GUJ/GAAAR/APPEAL/2022/21 Dated 15.09.2022
  1. Whether the services provided by the applicant to the entities located outside India is covered under Section 13(2) of the Integrated Goods and Services Tax Act, 2017?
  2. Whether the service provided by the applicant is liable to Central Goods and Service Tax and State Goods and Service Tax or Integrated Goods and Services Tax or is it eligible to be treated as ‘zero rated supply’ under Section 16 of the Integrated Goods and Services Tax Act, 2017.

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GUJ/GAAR/R/26/2021 dated 09.07.2021
104 M/s Vadilal Industries Ltd. Gujarat GUJ/GAAAR/APPEAL/2022/20 Dated 15.09.2022
  1. Whether the product viz. ‘Paratha’ i.e. various varieties of Paratha produced by the applicant merit classification under HSN Code 19059090?

       2.Whether the product, namely, ‘Paratha’ i.e. all varieties of Paratha produced by the applicant are chargeable to 5% GST (i.e. 2.5% SGST and 2.5% CGST) under Sl.No. 99A of Schedule-I of Notification No. 01/2017-CT (Rate) and Notification No. 01/2017-IT (Rate) dated 28-6-17?

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GUJ/GAAR/R/20/2021 dated 30.06.2021
105 Sri Sairam Gopalkrishna Bhat Karnataka KAR/AAAR/05/2022 dated 25.08.2022

We dismiss the appeal filed by the appellant Sri. Sairam Gopalkrishna Bhat,  No. 401, Dwarkemayee Building, 16th cross, Jnanabharathi 2nd Block, Nagadevanahalli, Bengaluru - 560056, on grounds of time limitation.

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KAR/ADRG 03/2022 Dated 21.01.2022
106 M/s Jayshankar Gramin and Adivasi Vikas sanstha Maharashtra MAH/AAAR/AM-RM/09/2022-23 dated 21.09.2022

The appellate, set aside the Ruling passed by the MAAR vide Order No. GST-ARA97/ 2019-20/B-91 dated 10.11.2021, by holding that since the impugned activities undertaken by the Appellant are not construed as  supply" in terms of section 7(I)(a) of the CGST Act. 20 I 7, the reimbursement amount paid by the Maharashtra Government to the Appellant for undertaking the activities specified under "One stop Crises Centre Scheme" floated by the Central Government, will not be subject to the levy of GST. Thus, the Appeal filed by the Appellant stands disposed of in above terms.

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GST-ARA-97/2019-20/B-91 dated 10.11.2021
107 M/s Karam Green Bags. Gujarat GUJ/GAAAR/APPEAL/2022/10 dated 12.07.2022

1.Whether the product Non-woven Bags manufactured through the intermediate product, Non-Woven Fabrics classifiable under Heading No. 5603 are properly classifiable under Heading No.6305 or under Heading 3923?

2. Whether the product Non-woven Bags would be eligible for exemption under Notification No.01/2017-CT(Rate) and 01/2017-IT(Rate) dated 28.06.2017, as amended?

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GUJ/GAAR/R/63/2020 dated 17.09.2020
108 M/s Rotex Fabric Pvt. Ltd. Gujarat GUJ/GAAAR/APPEAL/2022/11 dated 12.07.2022

1.Whether the product Non-woven Bags manufactured through the intermediate product, Non-Woven Fabrics classifiable under Heading No. 5603 are properly classifiable under Heading No.6305 or under Heading 3923?

2. Whether the product Non-woven Bags would be eligible for exemption under Notification No.01/2017-CT(Rate) and 01/2017-IT(Rate) dated 28.06.2017, as amended ?

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GUJ/GAAR/R/84/2020 dated 17.09.2020
109 M/s. Max Non Woven Pvt. Ltd. Gujarat GUJ/GAAAR/APPEAL/2022/12 dated 12.07.2022

1.Whether the product Non-woven Bags manufactured through the intermediate product, Non-Woven Fabrics classifiable under Heading No. 5603 are properly classifiable under Heading No.6305 or under Heading 3923?

2. Whether the product Non-woven Bags would be eligible for exemption under Notification No.01/2017-CT(Rate) and 01/2017-IT(Rate) dated 28.06.2017, as amended ?

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GUJ/GAAR/R/62/2020 dated 17.09.2020
110 M/s. Girivarya Non Woven Fabric Pvt Ltd Gujarat GUJ/GAAAR/APPEAL/2022/13 dated 12.07.2022

1.Whether the product Non-woven Bags manufactured through the intermediate product, Non-Woven Fabrics classifiable under Heading No. 5603 are properly classifiable under Heading No.6305 or under Heading 3923?

2. Whether the product Non-woven Bags would be eligible for exemption under Notification No.01/2017-CT(Rate) and 01/2017-IT(Rate) dated 28.06.2017, as amended ?

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GUJ/GAAR/R/73/2020 dated 17.09.2020