Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
2031 M/s. Rich Dairy Products (India) Pvt Ltd Tamil Nadu

Whether Carbonated Fruit Juice falls under Fruit Juices or Aerated drinks?

 

TN/41/AAR/2019 dated 23.09.2019

(Size: 3.48 MB)

97(2)(a)
2032 M/s. Shifa Hospitals Tamil Nadu

Whether the medicines, consumables and implants used in the course of providing health care services to in-patients for diagnosis or treatment would be considered as "Composite Supply" and accordingly eligible for exemption under the category "Health Care Services?

TN/42/AAR/2019 dated 23.09.2019

(Size: 1.66 MB)

97(2)(a)
2033 Sumitabha Ray West Bengal

Whether service to the Govt relating road construction and irrigation is exempt supply

27/WBAAR/2019-20 dated 23.09.2019

(Size: 670.24 KB)

97(2)(b)
2034 Golden Vacations Tours and Travels West Bengal

What is the classification of the standalone service of arranging accommodation in a hotel

26/WBAAR/2019-20 dated 23.09.2019

(Size: 381.38 KB)

97(2)(a)&(d)
2035 Kay Pee Euipments Pvt Ltd West Bengal

What are the determinants for classifying railway supplies

25/WBAAR/2019-20 dated 23.09.2019

(Size: 468.59 KB)

97(2)(a)&(b)
2036 Springer Nature Customer Service Centre GmbH, Karnataka

a) Whether the applicant is required to charge GST on supply of OIDAR services to “only” unregistered persons in India in view of compulsory or mandatory registration and return filing requirement as per section 24(xi) of CGST Act, Rule 64 of CGST Rules and GST Flyer issued by Directorate General of Taxpayer Services, CBIC?
b) If response to the above is ‘No’, whether the applicant is required to charge GST on supply of OIDAR services to Government, Local Authority, Governmental Authority and an individual irrespective of their GST registration status?
c) Whether the purpose for which OIDAR services are to be used by a recipient in India shall also determine whether GST has to be charged by the applicant or not irrespective of the category of recipient? In other words, if any service recipient is using applicant’s OIDAR services for commerce, industry or any other business or profession in India, the applicant will not be required to charge GST.
d) If response to C above is in affirmative, how should applicant determine that its OIDAR services shall be used by the recipient for any purpose other than commerce, industry or any other business or profession, located in India? As the majority of content in books, journals, etc. supplied by the applicant is used / capable of use by way of reference by professional end-users, i.e. scientists, doctors, engineers, researchers, academicians, etc. can it be taken to imply that applicant’s OIDAR services are used by recipients in India for purposes of commerce, industry, business or profession?
e) In case the response to C above is in affirmative, whether purpose is required to be determined in case of Government, local authority, Governmental authority and an individual?
f) Whether it is adequate for the applicant to obtain written confirmation from recipient of its OIDAR services in order to:
a. Determine their respective category in terms of section 2(16) of IGST Act, i.e. whether the customer is covered in the category of Government, Local Authority, Governmental Authority, etc.
b. Accept recipient’s claim to exemption under GST Law, eg. exemption allowed to eligible educational institutions from GST on procurement of electronic journals/ periodicals in terms of Notification No.2/2018- Central Tax (Rate)/

KAR/AAR/70/2019-20 dated 23.09.2019

(Size: 5.72 MB)

97 (2) (a) (b) (e)
2037 Chrochemie Laboratory Pvt. Ltd Karnataka

Whether Entry No. 80 in Schedule II to the Notification No.1/2017- Integrated Tax (Rate) dated 28.06.2017 (as amended) is applicable for import as well as supply of “Prepared Laboratory Reagents / Pharmaceutical Reference Standards (PRS)” attracting a levy of Integrated Tax at the rate of 12% or Entry No.453 to Schedule III attracting a levy of Integrated Tax at the rate of 18%?

KAR/AAR/71/2019-20 dated 23.09.2019

(Size: 7.19 MB)

97 (2) (b)
2038 Sri Balaji Rice Mill Karnataka

a. As a manufacturer of rice, can the applicant sell Rice under Registered Brand with 5% GST and also in Unregistered Brand with affidavit & disclaimer under GST exempted category?
b. Is it compulsory to de-register the registered brand to sell goods in unregistered brand with nil rate of tax under GST?
c. Whether sale of rice is exempt, if applicant forgo the actionable claim on brand name after de-registration?

KAR/AAR/72/2019-20 dated 23.09.2019

(Size: 3.59 MB)

97 (2) (b) (e)
2039 Mahendra Roy West Bengal

Whether solid waste conservancy is an exempt supply and whether TDS is payable

24/WBAAR/2019-20 dated 23.09.2019

(Size: 518.82 KB)

97(2)(b)
2040 Metro Dairy Ltd West Bengal

Admissibility of input tax credit on capital goods and input services used for supply of both taxable and exempted goods

23/WBAAR/2019-20 dated 23.09.2019

(Size: 467.55 KB)

97(2)(d)