Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1871 Sachdeva Colleges Ltd. Haryana

1. To determine the liability to pay GST/IGST tax on training to students at behest of Directorate of Welfare of Scheduled Caste and Backward Classes Department, Haryana by applicant under a training programme for which total expenditure is borne by State Government of Haryana which implement three types of scheme i.e. State Scheme, sharing basis, Centrally sponsored scheme especially in view of Entry No. 72 of the Haryana Government Excise & Taxation Department Notification No. 47/ST-2 Dated 30.06.2017 and whether this Entry grants exemption of GST on the Training of Students by Petitioner?
2.  Whether the Applicant is liable to be registered under the State of Haryana under HGST/CGST in view of facts and circumstances of present case?

HAR/HAAR/2019-20/19 dated 28.01.2020

(Size: 2.21 MB)

97(2)(e) & (f)
1872 M/s Mayank Vinodkumar Jain Maharashtra

The Applicant requests this Authority to decide as to whether the aforesaid services proposed to be rendered qualify as Export of Services" under Section 2(6) of the Integrated Goods & Services Tax Act, 2017 or not. 

GST/ARA/57/2019-20/B- 11 , Mumbai, dated 22.01.2020

(Size: 1.15 MB)

97(2)(g)
1873 M/s LAS Palmas Co-operative Housing Society Limited Maharashtra

1.  Whether the Applicant - a Co-operative Housing Society paying Goods and Services Tax (GST) on Maintenance Charges collected from its Members, shall be entitled to claim Input Tax Credit of GST paid on replacement of existing lift/ elevator at its own premises to the vendor registered under the Goods and Services Tax Act for manufacture, supply, installation and commissioning of lift/ elevator?; and

2. Whether the Input Tax credit, if available; is not covered under blocked credits under the Goods and Services Tax Act?

GST/ARA/31/2019-20/B-13 , Mumbai, dated 22.01.2020

(Size: 1.42 MB)

97(2)(d)
1874 M/s Dwarikesh Sugar Industries Ltd. Uttar Pradesh

1. Whether expenses incurred by the company in order to comply with requirements of Corporate Social Responsibility (CSR) under the Companies Act, 2013 (CSR Expenses) qualify as being incurred in the course of business and eligible for input tax credit in terms of the Section 16 of the Central Goods and Services Tax Act, 2017 (‘CGST Act, 2017’)?

2. Whether free supply of goods as a part of CSR activities is restricted under Section 17 (5)(h) of CGST Act, 2017?

3. Whether  goods and services used for construction of school building which is not capitalized in the books of accounts is restricted under Section 17(5) (c)/17 (5) (d) of CGST Act, 2017?

UP_AAR_52 dated 22.01.2020

(Size: 5.75 MB)

97(2)(d)
1875 M/s Wise Design Communications Pvt Ltd Maharashtra

1. Are hard copies of shipping bills (which are duly stamped & signed by the LET Export Officer of Customs, having details such as Name & address of authorised courier, Courier registration number, Port of loading, Airlines & Flight number, Customs Shipping number, Shipping bill date, Courier AWB no., Declared weight, Consignor Name & Address, Destination country, IEC Number & GSTIN of Exporter, Description of goods, Invoice value, Consignee name & address, etc.) enough for filing claim for refund of ITC since it is an export sale though the shipping bill is not trackable on ICEGATE website?

2. Is the drop- shipping transaction an export sale or is it subject to IGST?

GST/ARA/63/2019-20/B- 14 , Mumbai, dated 22.01.2020

(Size: 1.13 MB)

97(2)(d)
1876 M/s Space Combine Uttar Pradesh

Q-1 Whether the Project Development Service (i.e. Detailed Project Report Service) and Project Management Consultancy services (PMCS) provided by the applicant to recipient under the contract from State Urban Development Authority (herein after referred as “SUDA”) and the PMC under the contract for PradhanMantriAwasYojna (PMAY in short) would qualify as an activity in relation to function entrusted to Panchayat or Municipality under Article 243G or Article 243 W respectively, of the Constitution of India?

Q- 2-If answer to first question is in affirmative, whether, such services provided by the applicant would qualify as Pure service (excluding works contract service or composite supplies involving supply of any goods) as provided in serial number 3 of Notification No. 12/2017- Central Tax (Rate) dated 28-06-2017, as amended (S. No. 3A) by Notification No. 2/2018- Central Tax (Rate) dated 25 January, 2018 issued under Central Goods and Service Tax Act, 2017 and corresponding Notifications No. K. A.N.I.-2-843/X1-9(47)/17-U.P. Act-1-2017-order- (10)-2017 Lucknow, dated June 30, 2017 issued under Uttar Pradesh Goods and Services Tax Act, 2017 (UPGST Act), where the Project cost includes the cost of service rendered along with reimbursement of cost of procurement of goods for rendering such service, and thus, be eligible for exemption from levy of CGST and UPGST, respectively.

UP_AAR_51 dated 21.01.2020

(Size: 4.27 MB)

97(2)(a)
1877 M/s Smt. Anju Parakh Chhattisgarh

To determine the taxability on medical services with regard to provide vaccination from clinic

STC/AAR/06/2019 dated 21.01.2020

(Size: 8.27 MB)

97(2)(e)
1878 M/s Sri Satya Sai Water Supply Project Board Andhra Pradesh

Whether the applicant qualifies as a ‘Governmental Authority’ under the Act and whether the services availed by it are exempt from the GST by virtue of Entry 3 in Notification 12/2017 (Rate), dt: 28.06.2017.

Whether the Applicant is not liable to remit any GST to its suppliers for any services it procures by virtue of its activities of supplying water for domestic purposes.

AAR No.01 /AP/GST/2020 dated:17.01.2020

(Size: 723.06 KB)

97(2) b, e
1879 M/s UP Power Transmission Corporation Ltd. Uttar Pradesh

Whether Uttar Pradesh Power Transmission Corporation Limited is covered under the definition of the term ‘Government Entity’ as per Notification No. 31/2017- Central Tax (Rate) dated 13 Oct 2017.

UP_AAR_50 dated 17.01.2020

(Size: 5.15 MB)

97(2)(a)
1880 M/s. Ishan Resins and Paints Ltd West Bengal

Classification of the service of leasing goods vehicles to GTA where the right to use is transferred

40/WBAAR/2019-20Dtaed 17.01.2020

(Size: 429.15 KB)

97(2)(a),(b)&(d)