Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1901 M/s. Shree Arbuda Transport Gujarat

1.If we want 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:
-Regarding GST paid on Commercial vehicles & Repair & maintenance cost of such vehicles used for transportation of goods/containers.

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

Whether the Exporter client shall be eligible to claim refund of the GST paid by them on our outward supply invoices?

GUJ/GAAR/R/82/2020dated 17.09.2020

(Format: pdf, Size: 191.39 KB)

97(2)(a),(b), (d)&(e)
1902 M/s. Posiedon Hydro Infratech Gujarat

1.The confirmation requested is whether GST is applicable for the consultancy services rendered by various consultancy agencies to SardarSarovar Narmada Nigam Limited(SSNNL)?
If such consultancy servicesis exempted from GST, whether the sub-consultant is also exempted from the payment of GST?  If not, what is the rate of GST applicable to the sub-consultant?

GUJ/GAAR/R/83/2020dated 17.09.2020

(Format: pdf, Size: 148.21 KB)

97(2)(b)& (e)
1903 M/s. Rotex Fabric Pvt. Ltd. Gujarat

Q.1.Whether the product Non-woven bags manufactured through the intermediate product Non-woven fabric classifiable under Heading No.5603 are properly classifiable under Heading No.6305 or under Heading No.3923?

Q.2.Whether the product Non-woven bags would be eligible for exemption under Notification No.01/2017-Central Tax(Rate) dated 28.06.2017 as amended?

GUJ/GAAR/R/84/2020dated 17.09.2020

(Format: pdf, Size: 206.34 KB)

97(2)(a)& (b)
1904 Midcon Polymers Pvt. Ltd. Karnataka

1.For the purpose of arriving at the value of rental income, whether the applicant can seek deduction of property taxes and other statutory levies.
2. For the purpose of arriving at total income from rental, whether notional interest on the security deposit should be taken into consideration.3.Whether the applicant is entitled for exemption of tax under the general exemption of Rs.20 lakhs.

KAR/ADRG/48/2020 dated 16-09-2020

(Format: pdf, Size: 9.12 MB)

97(2)(c)
1905 M/s B and R & Co Madhya Pradesh

Is Entry Tax allowing under Tran-1 provision of MPGST?

MP/AAR/16/2020 Dated 15.09.2020

(Format: pdf, Size: 1.05 MB)

97(2) (d)
1906 M/s Essel Mining & Industries Ltd Madhya Pradesh

Whether the upfront payment made by the applicant to the State Government is in the nature of Deposit in terms of section 2(31) of the MP GST Act, 2017 or is in the nature of the advance paid, to determine the time of supply in terms of Section 13(3) of the MP GST Act, 2017?

MP/AAR/15/2020 Dated 15.09.2020

(Format: pdf, Size: 3.39 MB)

97(2) (c)
1907 Durga Projects and Infra Structure Private Limited Rectification of mistake order (ROM) No 03/2020 Karnataka

Rectification order passed under section 102 of the CGST/KGST Act 2017

dated 11-09-2020

(Format: pdf, Size: 3.74 MB)

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1908 Datacon Technologies. Karnataka

Whether the service performed by them are exempted by virue of item (b) of Sr.No.66 of Notification No.12/2017-CT(R) dated 28.06.2017?

KAR/ADRG/47/2020 dated 11-09-2020

(Format: pdf, Size: 5.09 MB)

97(2)(e)
1909 Mother Earth Environ Tech Private Limited. Karnataka

Whether the term "other civil Structure" used in the definition of "Plant an Machinery" restricts the Land filing Pit from considering it as Plant & Machinery and thereby restricts ITC to be availed on it.

KAR/ADRG/46/2020 dated 11-09-2020

(Format: pdf, Size: 19.73 MB)

97(2)(d)
1910 Gnanaganga Gruha Nirmana Sahakara Sangha Niyamitha. Karnataka

1. Is the activity of maintaining the facilities at the layout from the funds collected from the members of the Society a service attracting GST? Maintenance involves upkeep and maintenance of amenities and due to the length of the period roads, drainages and other UGD facilities need to be re-done/re-constructed.2. If answer to question no.(1) above is yes then, does the Society’s collection of sum towards maintenance charges calculated on yearly basis in one Lump sum for certain length of time say 10 years, should the GST be paid even for the amount pertaining to the un-expired period?
3. The Society is collecting Water charges from the residents for recovery of charges for water. The entire cost of the water is recovered from the members on monthly basis, does it attract GST?
4. Does the society have to pay GST for collecting lump-sum amount as endowment fund, the proceeds of which would be utilized for maintenance charges in terms of the maintenance as indicted in Appendix A above, of the layout with an express condition that the amount would be returned to the Site owners upon the taking over of the layout by the local body as the Society would be utilizing only accretions to the endowment fund from year to year.
5. In the event that any or all of the items from (1) to (4) is rendered taxable whether the same is exempt under Notification No.12/2017 entry no.77 respect of the value of the maintenance amount collected from the members of the society to the extent of Rs.7,500/- (Rupees Seven Thousand Five Hundred ) per Month?

KAR/ADRG/45/2020 dated 11-09-2020

(Format: pdf, Size: 16.04 MB)

97(2)(e)