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
211 M/s Consulting Engineers Groups, Jaipur Rajasthan RAJ/AAAR/03/2021-22 dated 13.12.2021

It was held that holding of equity control of RUDSICO by JDA and Rajasthan Housing Board cannot be treated as holding of equity control by Government; therefore, RUDSOCO is not Government Authority. Appellant is not eligible for exemption under entry No. 3 of  notification no. 12/2017 Central Tax (Rate) dated 28.06.2017 for supply provided as Project Management Service.

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RAJ/AAR/2022-22/11 DATED 06.09.2021
212 M/s Tej Kumar Jain, Malviya Nagar , Jaipur Rajasthan RAJ/AAAR/02/2021-22 dated 13.12.2021

It was held that  notification No, 08/2018-Central Tax (Rate) dated 12.01.2018 clearly used word Purchase price ,  only price paid at the time of purchase can be considered as purchase price to calculate margin.

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RAJ/AAR/2022-2204 DATED 25.08.2021
213 M/s Modi Education Foundation, Sikar Rajasthan RAJ/AAAR/01/2021-22 dated 27.10.2021

The appellant will provide service of accommodation in hostel alongwith food to the student. Amount to be charged from students for package is less than Rs.1000/- per day. It was held that hostel accommodation alongwith food is not a composite supply but it is a mixed supply. Further, it was held that in this case per unit of accommodation is hostel seat.

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RAJ/AAR/2021-22/02 Dated 07.07.2021
214 M/s Shri VinayakBuildcon, 7, E-Class, Pratap Nagar, Udaipur Rajasthan RAJ/AAAR/06/2021-22 dated 25.02.2022

It was held that AAR has rightly rejected the application seeking advance ruling as the question posted by the appellant is related to supplies undertaken by them prior to the date of filing of the application.

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RAJ/AAR/2021-22/24 DATED 01.10.2021
215 M/s Harish Chand Modi. Sardarpura, Jodhpur Rajasthan RAJ/AAAR/05/2021-22 dated 17.01.2022

Reimbursement of electricity expenses had not been made on actual basis by the lessee to lessor as it has been collected in advance with rent and further adjusted by raising the invoice by the lessor. Further, the appellant has failed to establish themselves as pure agent. Reimbursement of electric expenses would form part of taxable value in term of clause (c) subsection (2) of Section 15 of the CGST Act, 2017.

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RAJ/AAR/2021-22/19 DATED 21.09.2021
216 M/s Utsav Corporation (Legal Name Sapna Gupta), Gurjar Ki Thadi, Jaipur Rajasthan RAJ/AAAR/04/2021-22 dated 11.01.2022

1. It was held that controller will attract GST at appropriate rate applicable to items of Chapter Heading 8504.     2.  Iron structure designed for use of solar panel is classifiable under Chapter Heading 7308 and neither be classified as solar power based devices nor called as solar power generators and the rate of tax as applicable to such devices or system cannot apply to the iron and steel structures.    3. Supply of different types of goods in bundle on a single invoice is falls under mixed supply and higher rate of tax is applicable.     4. supply of Solar water pumping system alongwith installation, benefit of entry No. 38 of Notification No. 11/2017-CT and entry No. 234 of Notification No. 1/2017-CT is available to appellant.

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RAJ/AAR/2021-22/10 DATED 03.09.2021
217 M/s RIICO, Jaipur Rajasthan RAJ/AAAR/06/2020-21 dated 17.06.2021

Appeal has been rejected. The appellant is engaged in development and leasing of the developed land to various industrial/non-industrial users and paid GST on none industrial plot. It was held that Appellant cannot claim the ITC of input services  procured for construction of immovable property (whether capitalized or not).

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RAJ/AAR/2020-21/12 dated 22.02.2021
218 M/s Indag Rubber Limited, Bhiwadi Rajasthan RAJ/AAAR/05/2020-21 dated 29.01.2021

Appeal has been rejected. The appellant has constructed specific civil structure i.e. building, rooms and roads on his own plot to lease out the same on rent. It was held that construction is on his own a/c and also not covers in the definitions of plant & machinery, therefore, ITC of inputs and input services are not available.

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RAJ/AAR/2019-20/23 dated 21.10.2019
219 M/s Sunil Kumar & co (Sunil Kumar Gehlot) water works road Sojat City, Distt. Pali Rajasthan RAJ/AAAR/04/2020-21 dated 18.12.2020

Appeal has been rejected on delay filing.

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RAJ/AAR/2020-21/01 dated 06.05.2020
220 M/s HazariBagh Builders Pvt. Ltd., Vaisali Nagar Ajmer Rajasthan RAJ/AAAR/03/2020-21 dated 18.11.2020

Appeal by the party is rejected. It was held that one amount paid as 1st installment of lease premium before Lease agreement cannot be treated security deposit and not exempted from GST. 2 RFP issued for development of land for residential purpose and consequently leased, not exempted under entry no. 41 of Notification No. 12/2017 (CT) dated 29.03.2019. 3 Amount paid during the month of Feb 2019 after issuance of letter of acceptance dated 26.09.2018 for deposition of 1st Installment of Lease premium, lease agreement is not exempted under entry N. 41B which was inserted vide notification No. 04/2019 (CT) dated 29.03.2019 as time of supply of service is before effective dated of amended notification No. 04/2019 (CT) dated 29.03.2019.

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RAJ/AAR/2020-21/05 dated 30.06.2020