Appellate Orders

Sr. No. Name of the Applicant States/UT Appeal Order No. & Date Brief of Order ­in ­Appeal (OIA) Download AR Order No. and Date, against which Appeal has been filed
111 M/s Hilti Manufacturing India Pvt. Ltd. Gujarat GUJ/GAAAR/APPEAL/2022/21 Dated 15.09.2022
  1. Whether the services provided by the applicant to the entities located outside India is covered under Section 13(2) of the Integrated Goods and Services Tax Act, 2017?
  2. Whether the service provided by the applicant is liable to Central Goods and Service Tax and State Goods and Service Tax or Integrated Goods and Services Tax or is it eligible to be treated as ‘zero rated supply’ under Section 16 of the Integrated Goods and Services Tax Act, 2017.

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GUJ/GAAR/R/26/2021 dated 09.07.2021
112 M/s Vadilal Industries Ltd. Gujarat GUJ/GAAAR/APPEAL/2022/20 Dated 15.09.2022
  1. Whether the product viz. ‘Paratha’ i.e. various varieties of Paratha produced by the applicant merit classification under HSN Code 19059090?

       2.Whether the product, namely, ‘Paratha’ i.e. all varieties of Paratha produced by the applicant are chargeable to 5% GST (i.e. 2.5% SGST and 2.5% CGST) under Sl.No. 99A of Schedule-I of Notification No. 01/2017-CT (Rate) and Notification No. 01/2017-IT (Rate) dated 28-6-17?

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GUJ/GAAR/R/20/2021 dated 30.06.2021
113 Sri Sairam Gopalkrishna Bhat Karnataka KAR/AAAR/05/2022 dated 25.08.2022

We dismiss the appeal filed by the appellant Sri. Sairam Gopalkrishna Bhat,  No. 401, Dwarkemayee Building, 16th cross, Jnanabharathi 2nd Block, Nagadevanahalli, Bengaluru - 560056, on grounds of time limitation.

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KAR/ADRG 03/2022 Dated 21.01.2022
114 M/s Jayshankar Gramin and Adivasi Vikas sanstha Maharashtra MAH/AAAR/AM-RM/09/2022-23 dated 21.09.2022

The appellate, set aside the Ruling passed by the MAAR vide Order No. GST-ARA97/ 2019-20/B-91 dated 10.11.2021, by holding that since the impugned activities undertaken by the Appellant are not construed as  supply" in terms of section 7(I)(a) of the CGST Act. 20 I 7, the reimbursement amount paid by the Maharashtra Government to the Appellant for undertaking the activities specified under "One stop Crises Centre Scheme" floated by the Central Government, will not be subject to the levy of GST. Thus, the Appeal filed by the Appellant stands disposed of in above terms.

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GST-ARA-97/2019-20/B-91 dated 10.11.2021
115 M/s Karam Green Bags. Gujarat GUJ/GAAAR/APPEAL/2022/10 dated 12.07.2022

1.Whether the product Non-woven Bags manufactured through the intermediate product, Non-Woven Fabrics classifiable under Heading No. 5603 are properly classifiable under Heading No.6305 or under Heading 3923?

2. Whether the product Non-woven Bags would be eligible for exemption under Notification No.01/2017-CT(Rate) and 01/2017-IT(Rate) dated 28.06.2017, as amended?

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GUJ/GAAR/R/63/2020 dated 17.09.2020
116 M/s Rotex Fabric Pvt. Ltd. Gujarat GUJ/GAAAR/APPEAL/2022/11 dated 12.07.2022

1.Whether the product Non-woven Bags manufactured through the intermediate product, Non-Woven Fabrics classifiable under Heading No. 5603 are properly classifiable under Heading No.6305 or under Heading 3923?

2. Whether the product Non-woven Bags would be eligible for exemption under Notification No.01/2017-CT(Rate) and 01/2017-IT(Rate) dated 28.06.2017, as amended ?

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GUJ/GAAR/R/84/2020 dated 17.09.2020
117 M/s. Max Non Woven Pvt. Ltd. Gujarat GUJ/GAAAR/APPEAL/2022/12 dated 12.07.2022

1.Whether the product Non-woven Bags manufactured through the intermediate product, Non-Woven Fabrics classifiable under Heading No. 5603 are properly classifiable under Heading No.6305 or under Heading 3923?

2. Whether the product Non-woven Bags would be eligible for exemption under Notification No.01/2017-CT(Rate) and 01/2017-IT(Rate) dated 28.06.2017, as amended ?

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GUJ/GAAR/R/62/2020 dated 17.09.2020
118 M/s. Girivarya Non Woven Fabric Pvt Ltd Gujarat GUJ/GAAAR/APPEAL/2022/13 dated 12.07.2022

1.Whether the product Non-woven Bags manufactured through the intermediate product, Non-Woven Fabrics classifiable under Heading No. 5603 are properly classifiable under Heading No.6305 or under Heading 3923?

2. Whether the product Non-woven Bags would be eligible for exemption under Notification No.01/2017-CT(Rate) and 01/2017-IT(Rate) dated 28.06.2017, as amended ?

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GUJ/GAAR/R/73/2020 dated 17.09.2020
119 M/s Apar Industries Limited Gujarat GUJ/GAAAR/APPEAL/2022/14 dated 12.07.2022

“Whether the applicability or determination of liability to pay Tax on our said goods at 5% GST rate is legally correct and in order in terms of Schedule-I of Notification No. 1/2017- Integrated Tax (Rate) or not ?”

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GUJ/GAAR/R/02/2021 dated 20.01.2021
120 M/s Apar Industries Limited Gujarat GUJ/GAAAR/APPEAL/2022/15 dated 12.07.2022

“Whether the applicability or determination of liability to pay Tax on our said goods at 5% GST rate is legally correct and in order in terms of Schedule-I of Notification No. 1/2017- Integrated Tax (Rate) or not?”

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GUJ/GAAR/R/03/2021 dated 20.01.2021