Authority for Advance Ruling (AAR)

Application withdrawn by the Applicant

Query 1: Whether the activity of leasing of 19 Onion mandis (Shops/Godown) to the tender contractor for the purpose of collection of fee on daily basis from the merchants/farmers/public for usage of shops for selling of onion on daily basis is an activity covered under the function entrusted to Municipality under Article 243W of the Constitution/Panchayat under Eleventh Schedule of Article 243G as a local authority in which they are engaged as a public authority. 

Query-2: If covered under the above Article of the Constitution, whether the activity is not a service as per Notification No. 14/2017-CT(Rate) dated 28-06-2017 as amended as well as under TNGST GO(Ms) No. 75 dated 29-06-2017 as amended and not chargeable to tax.

Q.1: Whether the GST would be payable on recoveries made from the employees towards providing canteen facility at subsidized rates in the factory and office? If Yes, what should be the value on which the tax should be payable?

 Q.2: Whether the GST would be payable on the recoveries made from the employees towards providing bus transportation facility? If Yes, whether the Applicant is exempted under Notification No. 12/2017 Central Tax (Rate)?

 Q.3: Whether the GST would be payable on the notice pay recoveries made from the employees on account of not serving the full notice period?

Q.1: Whether the deduction of a nominal amount by the Applicant from the salary of the Employees who are availing the facility of food provided in the factory premises would be considered as a “Supply of Service” by the Applicant under the provisions of Section 7 of Central Goods and Service Tax Act, 2017 and Maharashtra Goods and Service Tax Act, 2017? Q.a: In case answer to above is yes, whether GST is applicable on the nominal amount to be deducted from the salaries of employees ? Q.b: Whether ITC is available to the Applicant on GST charged by the Canteen Service Providers for providing the catering services? 

Q.2: Q.a: Whether the services by the way of non-air conditioned bus transportation facility provided by the Transport Service Providers would be construed as ‘supply of service’ by the Applicant to its employees under the provisions of Section 7 of Central Goods and Service Tax Act, 2017 and Maharashtra Goods and Service Tax Act, 2017 ? Q.b: Whether ITC is available to the Applicant on GST charged by the Transport Service Providers for providing the non-air conditioned bus transportation services?

Application withdrawn by the Applicant

Application is rejected

Q.1: Whether the GST would be payable on recoveries made form the employees towards providing canteen facility at subsidized rate in the factory and office ? If yes, what should be the value on which the tax should be payable? 

Q.2 : Whether the GST would be payable on the recoveries made from the employees towards providing bus transportation facility ? If yes, whether the Applicant is exempted under Notification No. 12/2017 Central Tax (Rate)?

 Q.3 : Whether the ITC of the input services received in reespect of the services procured in respect of but transporations services would be available ?

Whether the rate of GST reimbursable to M/s.Tata Projects Limited, Mumbai shall be 5% as per the Bill of Entry or 12% considering that the overall contract falls within the definition of the Works Contract.

Application is rejected

Application withdrawn by the Applicant