Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
2901 Sanghvi Movers Limited Maharashtra

whether movement of tyre mounted cranes or crawler cranes from one GST registered office of SML to another registered office of SML for further supply on hire charges to customers would be treated as “taxable supply” under GST law or whether GST would not be leviable on the said movement and when a tyre-mounted crane or crawler crane is moved from one GST registered office of SML to another registered office of SML only for upkeepment and maintenance purpose, without any further supply to unrelated customers, whether such movement of crane would be treated as “taxable supply” under the GST law or can it be said that it would not tantamount to “supply”  as per the clarification issued by the CBEC vide Circular No. 21/ 21/ 2017 – CGST read with Circular No. 1/ 1/ 2017 – IGST?

if GST is payable on the aforesaid transaction, whether the recipient office of SML duly registered under GST receiving such cranes for further supply on hire charges would be eligible to avail input tax credit of GST charged?                                                                               
If the transaction stated above in question 1 is liable to tax, whether GST would be payable only on the movement of tyre-mounted cranes being goods on wheels or GST would also be payable on movement of both types of cranes (i.e. tyre-mounted cranes and crawler cranes)?

What should be the value under section 15 of the Central Goods and Services Tax Act, 2017 (CGST Act) and the rules made thereunder for discharging applicable GST on movement of cranes from one GST registered office to another registered office in case the said movement is considered to be a taxable supply?  

GST-ARA- 43/2017-18/B- 50 Mumbai, dated 15.06.2018

application-pdf(Format: pdf, Size: 4.57 MB)

97(2)(c) (d) (e) & (g)
2902 SHRI SHAM CATERERS Maharashtra

Whether the food and beverages served at the time of parties within the premises of the club is liable to tax at CGST 205% + SGST 205%. If not what is the rate of tax ?

GST-ARA- 42/2017-18/B- 49 Mumbai, dated 15.06.2018

application-pdf(Format: pdf, Size: 398.63 KB)

97(2)(e)
2903 M/S Aman Traders Uttar Pradesh

Debark / Bark Eucalyptus Wood Waste, Debark / Bark Suabool Wood Waste, Debark/ Bark  Poplar Wood Waste (Length About 2 meter and its girth between 15 to 60 cm.) To be supplied to paper mills for pulping only.

UP_AAR_11 dated 14.06.2018

application-pdf(Format: pdf, Size: 2.71 MB)

97(2)(a)
2904 Shrimad Rajchandra Adhyatmik Satsang Sadhana Kendra Maharashtra

1) Whether the applicant which is a charitable trust with the main object of advancement of religion, spirituality or yoga can be said to be in business so as to attract the provisions of CGST Act, 2017 and MGST Act, 2017? liable to registration under the provisions of CGST &MGST ?  the applicant in terms of the definition in Section 2(17) of the CGSTAct 2017 and option provision of MGST Act 2017?Whether the sale of spiritual products can be said to be supply under Section 7 of the CGSTAct, 2017 and equivalent provision of the MGST Act, 2017 so as to attract GST?

GST-ARA- 41/2017-18/B- 48, Mumbai, dated 14.06.2018

application-pdf(Format: pdf, Size: 4.24 MB)

97(2)(e) (f) & (g)
2905 Precision Automation and Robotics India Limited Maharashtra

Whether the activity of supply and installation of ‘car parking system’ as ‘works contract’ as defined in Section 2(119) of the CGST Act. 

GST-ARA- 39/2017-18/B- 46, Mumbai, dated 13.06.2018

application-pdf(Format: pdf, Size: 5.11 MB)

97(2)(a)
2906 PepsiCo (India) Holdings Pvt Ltd Maharashtra

Whether the product Sting – Caffeinated Beverage (Energy Drink) containing 72 mg per serve (250 ml) of caffeine is classifiable under Tariff Item 2202 91 00 (Sl No. 24A of Schedule – III) as “Other Non-Alcoholic Beverage” or under Sub-heading 2202 10 (Sl. No. 12 of Schedule-IV) as “All goods [including aerated waters], containing added sugar or other sweetening matter or flavoured” of the rate schedule of Notification No. 01/2017 – integrated Tax (Rate) dated 28.06.2017, read with the Corrigendum dated 27.07.2017.”

GST-ARA- 40/2017-18/B- 47 Mumbai, dated 13.06.2018

application-pdf(Format: pdf, Size: 397.63 KB)

97(2)(a) & (e)
2907 Sardar Mal Gold Storage & Ice Factory, Jaipur(Raj) Rajasthan

Whether all the goods as listed in the application are covered under the definition of agriculture produce as per Notification No.11/2017-CT(R) dated 28.06.2017; and No.12/2017-CT(R) dated 28.06.2017?

RAJ/AAR/2018-19/03 Dated 11.06.2018

application-pdf(Format: pdf, Size: 3.34 MB)

97(2)(b)
2908 Indian Cotton Solutions.com Private Limited Andhra Pradesh

Whether they can utilize /refund the ITC which is readily available in GST Portal, for the vehicles purchased by them for the purpose of their core business activity?”

AAR/AP/06(GST)/2018 dt. 08.06.2018

application-pdf(Format: pdf, Size: 150.67 KB)

97(2)(d)
2909 Agarwal Industries Private Limited Andhra Pradesh

Rate of GST on Energy G premium Oil?

AAR/AP/06A(GST)/2018 dt. 08.06.2018

application-pdf(Format: pdf, Size: 1000.63 KB)

97(2)(e)
2910 Jayalakshmi Tobacco Company Andhra Pradesh

1) Will GST applicable on sale of tobacco leaves received from farmers made by Commission Agent in an auction and his turnover is less than Rs.20 lakhs.

2) In case, there is GST in the above situation, who has to pay the tax?                                                      

3)Will reverse charge provisions applicable for tobacco leaves or not?                                                  

4)Who has to pay GST when commission agent sell the tobacco leaves received from trader in an auction? Can commission agent collect GST from buyers and pay or not?

AAR/AP/03(GST)/2018 dt. 08.06.2018

application-pdf(Format: pdf, Size: 3.29 MB)

97(2) (e)