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
111 M/s Apar Industries Limited Gujarat GUJ/GAAAR/APPEAL/2022/14 dated 12.07.2022

“Whether the applicability or determination of liability to pay Tax on our said goods at 5% GST rate is legally correct and in order in terms of Schedule-I of Notification No. 1/2017- Integrated Tax (Rate) or not ?”

(Size: 3.46 MB)

GUJ/GAAR/R/02/2021 dated 20.01.2021
112 M/s Apar Industries Limited Gujarat GUJ/GAAAR/APPEAL/2022/15 dated 12.07.2022

“Whether the applicability or determination of liability to pay Tax on our said goods at 5% GST rate is legally correct and in order in terms of Schedule-I of Notification No. 1/2017- Integrated Tax (Rate) or not?”

(Size: 3.54 MB)

GUJ/GAAR/R/03/2021 dated 20.01.2021
113 M/s D M Net Technolo-gies (Isha Chirag Patel) Gujarat GUJ/GAAAR/APPEAL/2022/16 dated 22.08.2022

“Whether the services provided by the applicant in affiliation to/partnered with Gujarat University and providing education for degree courses to students under specific curriculum as approved by the Gujarat University, for which degrees are awarded by the Gujarat University are exempt from GST vide Entry No.66 of the Notification No.12/2017-Central Tax (Rate) dated 28th June 2017?”

(Size: 6.72 MB)

GUJ/GAAR/R/75/2020 dated 17.09.2020
114 M/s Gujarat Co-operative Milk Marketing Federation Ltd. Gujarat GUJ/GAAAR/APPEAL/2022/17 dated 22.08.2022

“What would be the classification of ‘Flavored Milk’?”

(Size: 7.62 MB)

GUJ/GAAR/R/04/2021 dated 20.01.2021
115 M/sVadilal Industries Ltd. Gujarat GUJ/GAAAR/APPEAL/2022/18 dated 26.08.2022

“What would be the classification of ‘Flavoured Milk’ sold under trade name of Power Sip?”

(Size: 8.45 MB)

GUJ/GAAR/R/05/2021 dated 20.01.2021
116 M/s. Adarsh Plant Protect Ltd. Gujarat GUJ/GAAAR/APPEAL/2022/19 dated 26.08.2022

What is the HSN and applicable tax on ‘Agricultural manually hand operated Seed dressing, Coating and Treating drum’

(Size: 3.92 MB)

GUJ/GAAAR/APPEAL/2022/19 dated 26.08.2022
117 Surat Municipal Corporation Gujarat GUJ/GAAAR/APPEAL/2022/05 dated 24.02.2022

Whether the Supply made by M/s INI Studio would qualify for exemption under Entry No. 3 of the Notification No. 12/2017-CT as "Service" in relation to any functions entrusted to a municipality under article 243W of the Constitution as a "Pure Service" having no element of goods so as to construe it as "Works

Contract" as defined under Section 2(119) of the Central Goods and Services act, 2017 ?

(Size: 47.24 KB)

GUJ/GAAR/ADM/120/2020 dated 30.12.2020
118 M/s. Shree Arbuda Transport Gujarat GUJ/GAAAR/APPEAL/2022/04 dated 24.02.2022

(1)  If we wanamnelt to provide all above services for a “Single consolidated Rate” as a package, whether such supply would be treated as “Mixed supply” as per the provisions of Section 2(74) of the CGST Act, 2017, since the services are not naturally bundled and are capable of being provided independently? Or it shall be treated as “Composite supply”?

(2) What shall be the applicable HSN code and corresponding GST Rate for such bundle of services? (Highest Rate of Service in the bundle is 18%)

(3) Whether the firm shall be eligible to avail ITC on the following:

(i) Regarding GST paid on Commercial vehicles and Repair & maintenance cost of such vehicles used for transportation of goods/containers.

(ii) ITC on inward supply from CFS/Port/Labour contractor etc. related to such packaged outward supply.

(4) Whether the Exporter client shall be eligible to claim refund of the GST paid on our (appellant’s) outward supply invoices?”

(Size: 167.71 KB)

GUJ/GAAR/R/82/2020 dated 17.09.2020
119 M/s Oswal Industries Limited Karnataka GUJ/GAAAR/APPEAL/2022/03 dated 17.02.2022

"Whether the applicant is eligible to get the benefit of entry No.74 of exemption Notification No. 12/2017-Central Tax (Rate) dated28.06.2017? "

(Size: 88.46 KB)

GUJ/GAAR/R/25/2020 dated 09.07.2020
120 Amneal Pharmaceuticals Pvt. Ltd. Gujarat GUJ/GAAAR/APPEAL/2022/01 dated 09.02.2022

Whether the applicant is liable to pay GST on recovery of Notice Pay from the employees who are leaving the company without completing the notice period as specified in the Appointment Letter issued as per the contract entered between Employer and the Employee?”

(Size: 92.51 KB)

GUJ/GAAR/R/2020/51 dated 30.07.2020