Authority for Advance Ruling (AAR)

Questions raised by the applicant do not fall within the scope of Section 97 of CGST Act, 2017

1. Whether, in the facts and circumstances of the case, supply of imported goods on High Sea sale basis or supply of goods from FTWZ facilities by the Applicant to the Indian customers would be subject to IGST?

2. In case the answer to question 1 is in the negative viz there is no liability to tax under IGST, then in that case whether input tax credit already taken will have to be reversed, to the extent of inputs, input services and capital goods used by the Applicant to the extent of the aforesaid supply dealt with in Question -1 above?

3A. Whether the issue of the invoices from the Applicant's only office located at Hyderabad, Telangana for sale of goods from the Mumbai and Chennai FTWZ facilities of the third party logistic service provider namely DHL would qualify for purpose of discharge of its obligation in terms of Sec 31 of the CGST Act, 2017 considering the fact

that the Applicant does not have any other business/fixed establishment in the States where such FTWZ facilities are located?

38. In case the answer to the Question 3 is in the negative, then whether the Applicant ought to obtain registration in the States of Maharashtra and Tamil Nadu (location of the FTWZ facilities) for sale of such goods from the FTWZ facilities belonging to the logistic service provides namely DHL?

1- Does the entire work is liable under GST?

2- Who is liable for GST, the department or the bidder?

3- What will be the applicable rate of GST for such activity?

4- What will be the calssification of HSN/SAC code of such activity?  Service Sale

5- At which point/time of supply, GST is liable to be paid?

6- On which amounts GST should be paid? Whether the taxable amount will include all charges i.e. loading, unloading, tapping & transportation charges?

7- Whether GST TDS (@2% applicable is liable to be deducted by the department from the payment made to biddr?

8- Does every contractor should be registered under GST working with the department for any types of activities?

9- What will be condition for deduction of GST TDS, if bidder has a contract less than 10 lakh or unregistered person?

What will be the GST Tax Rate applicable on our product along with specific HSN Code and the product details are mentioned in the attachment?

1.  The applicant provides insurance service under insurance products namely ULIP product, Endowment Product, Annuity Product, Term Product and Riders to NRI/PIO policyholder's residing outside India. The NRI/PIO pays insurance premium through their NRE account maintained with Indian Bank as permitted by RBI through various mode i.e. directly debit, DD, cheque or NACH. Does receipt of consideration i.e., premium, through the said NRE account (through various mode) would be treated as amount received in convertible foreign exchange to satisfy the condition of para (iv) of section 2(6) of IGST Act 2017 as amended w.e.f. 01.02.2019 and thereby will not be liable to pay GST?

2.  Does the deduction of charges from fund value of ULIP policies substantiated through policy document, policy account statement along with above-mentioned documents which substantiate receipt of premium from NRE to satisfies the condition specified in sub-clause (iv) of section 2(6) of IGST Act, 2017 and thereby will not be liable to pay GST?

1. Whether services provided by the applicant to NMMT under the Agreement, by way of supplying, operating and maintaining air-conditioned electrically operated buses are taxable and subject to GST?

2. If the answer to (i) above is yes, what will be appropriate SAC (Services Accounting Code) for classifying the services provided by the applicant and applicable GST rate thereon?

3. Whether Applicant shall be eligible to avail the input tax credit of tax paid on the procurement of input supplies used in supplying services to NMMT under the Agreement? 

Q.1 Whether the Turmeric (Turmeric in Whole form - not in powder form) is covered under the definition of ‘Agriculture Produce’ and exempted from GST? If not, what is the HSN code of Turmeric and the rate of GST on the Turmeric?

Q.2 Whether services rendered by Applicant as a Commission Agent in APMC, Sangli are liable to GST in terms of Sl. 54 Heading 9986 of Notification No.12/2017 CT(R) dated 28.06.2017 read with Sl. No. 24 of Notification No. 11/2017-C.T. (Rate) dated 28.06.2017?

Q.3 Whether the applicants required to be registered under the CGST Act, 2017 for his activities specified under Annexure-I? If yes, under which section of the GST Act, he is required to be registered?

Whether 'diagnostic and laboratory reagents' imported and supplied by the applicant and classified under heading 3822 of the Customs Tariff Act, 1975 are covered under Entry No.80 of Schedule II to the Notification No.1/2017-Integrated Tax (Rate) dated 28-06-2017 attracting a levy of Integrated Tax at the rate of 12%?

Que-(i)  Whether the applicant  is eligible to take input tax credit in relation to expenditure incurred for ‘Civil and Interior Works’ in building located at C32, Sector-62,Noida, Gautam Buddha Nagar, Uttar Pradesh, 201301 at different floors, since the said property is further used for letting out to different tenants on rental basis viz. for furtherance of business?

Ans- (i) Replied in negative.

Que- (ii) Whether ITC on construction of commercial complex located at plot No. 18 BLOCK C, SECTOR- 153, NOIDA, Gautam Buddha Nagar, Uttar Pradesh, 201301, will be available to Applicant in case the said building is used for the purpose renting out?

Ans- (ii)  Replied in negative.

Applicability of GST on  installation services of parts and equipment for the supply or conduct of oxygen and other gases used in hospital homes etc.