माल और सेवा कर परिषद Goods & Se₹vices Tax Council

Whether the applicant is able to avail the Input Tax Credit of Rs. 27,14,559/- Integrated Tax paid against the pre-notice consultation letter under Section 28(1) of the Customs Act, 1962 in terms of the time line prescribed in Section 16(4) of the CGST Act, 2017?

“Whether the receipt of consideration in the form of non-voting, irredeemable preference shares would fulfil the requirement of “receipt of consideration” as referred in Section 2(6)(iv) of the IGST Act, 2017 and therefore there will be no liability to pay GST on the supply of the said services (customization and licensing of the proprietary platform) by the Applicant to the overseas client.”

Is it compulsory to generate e-way bill while movement of goods from my one Godown of city to other city of my godown in the same state?

(i) Whether supply of goods to Anand Municipality Corporation (Local Authority of Anand City) attracts GST or it is exempt? 

(ii) If GST is applicable on the supply of goods to Anand Municipality Corporation, then what will be the rate of GST applicable on the following items?

Whether exemption is not exigible on the healthcare services of treatment to psoriasis in skin and head, dandruff, dermatitis, antifungal treatment and folliculitis in accordance with Notification No.12/2017/Central Tax Rate dated 28.6.2017.

“Whether the applicant can pay GST @ 12% under forward charge on GTA services under Notification No. 20/2017-Central Tax (R) dated 22.08.2017 read with Notification No. 13/2017-Central tax (R) dtd. 28.06.2017 and claim full ITC including on bio-diesel fuel.”

The company is seeking an advance ruling on the admissibility of Input Tax Credit (ITC) paid on the construction services (foundation works and steel structural support) for their manufacturing machinery. They argue that the ITC is eligible under the Explanation to Section 17(5)(c) of the CGST Act, 2017, as the foundation is an integral part of 'plant and machinery' for their outward supply.

1. Whether ITC on capital goods is admissible on various parts, components, accessories supplied by suppliers under various HSX for the machinery to be installed in the factory such as Electrical work, fire protection system, fire alarm system, public address system. 

2. Is ITC admissible for heating ventilation and air conditioning system, system lift/elevator? 

3. Is admissible for structural and pre-engineered work, which are not in the nature of civil construction?

4. Is ITC admissible for civil construction work (expansion of factory) forming part of production process in the form of structures, pillars and supporting to machineries? 

5. Whether ITC is admissible for equipment installed in the customer learning centre?

1.Kindly classify the above mentioned as goods or services along with HSN/SAC code with rate of GST?

 2. Kindly clarify under which category our business will fall on the above mentioned list and what are the documents should be maintained by us for the transactions depend upon the specified category? 

3. Kindly classify the time and value of supply of goods and services or both based on our business transactions?

4. In above scenario, Please clarify whether we can get the refund amount from ITC credit availed? 

5. Kindly Check and advice whether we are on the correct path or we need to raise invoice under export/Nil rated / Exempted / Zero Rate or any Other? If it is falls under the category of Export/Nil rated/ Exempted/ Zero rated sales/services, then whether we can get the refund of tax which is paid for previous months under B2B category.

The Application is disposed as withdrawn.