Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1221 M/s.Rashtriya Chemicals and Fertilizers Limited Maharashtra

1. Whether “Treated Water" obtained from STP (classifiable under Chapter 2201) will be eligible for exemption from GST by virtue of Sl. No. 99 of the Exemption Notification No. 02/2017- Integrated Tax (Rate) dated 28 June 2017 (as amended) as "Water (other than aerated, mineral, purified, distilled, medical, ionic, battery, de-mineralized and water sold in sealed container]"? or

2. Whether "Treated Water" obtained from STP [classifiable under Chapter 2201] is taxable at 18% by virtue of Sl. No. 24 of Schedule - III of Notification No. 01/2017- Integrated Tax (Rate) dated 28th June 2017 (as amended) as "Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavoured (other than Drinking water packed in 20 liters bottles]"?

GST-ARA- 67/2019-20/B-57 Mumbai dated 09.09.2021

(Size: 5.89 मेगा बाइट)

97(2)(b)
1222 M/s. Exide Industries Limited Maharashtra

Whether the supply of batteries by the required Applicant for the use in warships such as submarines of the Indian Navy falls under Entry 252 of Schedule I to Notification No. 01/2017- integrated Tax (Rate) dated 28.06.2017 and hence is taxable @ 5% GST?

GST-ARA- 39/2020-21/B-58 Mumbai dated 09.09.2021

(Size: 3.05 मेगा बाइट)

97(2)(b)
1223 EASTERN COALFIELDS LTD West Bengal

Whether the applicant is entitled for input tax credit already claimed by him on the invoices raised by the supplier pertaining to the period Jan-2020, Feb-2020 and March-2020 for which the supplier has paid the tax in November-2020 and whether the applicant has to reverse the said ITC already availed by him.

07/WBAAR/2021-22 dated 08/09/2021

(Size: 723.01 किलोबाइट)

-
1224 M/s. Sankalp Facilities and Management Services Pvt. Ltd. Gujarat

Whether the applicant is liable to pay GST on man power services provided to the Central Government, State Government, Local Authorities, Governmental Authorities and Government Entities?

GUJ/GAAR/R/51/2021 dated 06.09.2021

(Size: 260.63 किलोबाइट)

97(2)(b) &(e)
1225 M/s Medha Servo Drives Private Limited Telangana

1. Seek clarification regarding their supplies as to whether they comes under composite supply or mixed supply or normal individual supply under provisions of GST Act as per purchase order.

2. Further they sought clarification as to whether all  items which are related to Locomotive parts can be classified under a single HSN Code of 8607 as Locomotive parts considering the end usage of the product irrespective of product / item description.

3. That they are executing a contract for M/s. KBJNL for design, manufacturing, supply, installation, operation and maintenance of phase 2 of SCADA and GIS based automation. They request clarification as to whether the scope of work can be treated as supply of goods or works contract services and also       request for the applicable rate of tax for the same.

TSAAR Order No.17/2021 dated 04.09.2021

(Size: 341.56 किलोबाइट)

97(2) (a)& (e)
1226 M/s Kriti Industries (India) Limited Madhya Pradesh

Applicant believes that the product "sprinkler system, drip irrigation system including laterals, P.V.C. Pipes, other components and accessories” is classified under HSN 8424 and applicable tax rate is 12%, details as per the notification No. 1/2017-Central Tax (Rate), dated 28-6-2017. The entry No. 195B was inserted vide notification No. 6/2018-Central Tax (Rate), dated 25th January, 2018. What shall be GST rate on such products system falling under HSN 8424 attracting CGST (@6% and SGST a 6% or Not?

MP/AAR/11/2021 Dated 01.09.2021

(Size: 824.06 किलोबाइट)

97(2)(a) & (b)
1227 Sh. Ashok Gupta of M/s Drishti Offset Madhya Pradesh

The applicant applied online for Advance Ruling; however no application fee was paid and therefore withdrew the application.

MP/AAR/12/2021 Dated 01.09.2021

(Size: 647.31 किलोबाइट)

97(2)(e)& (g)
1228 M/s Ess Ess Kay Engineering Company private Limited Chandigarh

Whether (a) Modal jail, Chandigarh and (b) Prisoner Training Rehabilitation and Welfare Society (Model Jail, Vocational Institute) is Government, Government Authority, Local Authority or Government entity;

Whether furniture items manufacture by jail inmates are liable for GST, if supplied to
a.Government, Government Authority, Local Authority or Government entity
b.Public at large;
Whether repair of furniture items by jail inmates are liable for GST; Whether food prepared by jail inmates are classified as supply of goods supply of service Whether food prepared by jail inmates are liable for GST, if Supplied to
a.Government, Government Authority, Local Authority or Government entity
b.Jail inmates through inner canteen
c.Public at large;
Whether sell of good like Consumable Eatables(Except foods prepared by jail inmates )by the model jail to the Jail inmates in the jail premises are liable of GST, When such items are supplies at (a) Free of cost, (b) cost price or(c) Cost of price plus 10% as administrative cost Whether three is any exemption Notification or provision of Reverse Charge Mechanism is being applicable on above activates; Whether three would be change in tax implication if the above activity is done in the name and style of prisoner Training Rehabilitation and Welfare Society (Model Jail, vocation Institute)
Whether GST input credit is available on any items which is supplied free of cost to Prisoners like food or medicines.

CHD/CAAR/R/2021/01 Dated 31.08.2021

(Size: 2.78 मेगा बाइट)

97(2)(b),(c)&(g)
1229 M/s. Airport Authority of India Gujarat

1.Whether the transfer of business by the AAI to the M/s. Adani Ahmedabad International Airport Limited be treated as Supply u/s. 7 of the Central Goods and Service Tax Act, 2017 (“CGST”) viz-a-viz Gujarat State Goods and Service Tax Act, 2017 (“GSGST”)?
2.Whether the transfer of business by AAI to M/s. Adani Ahmedabad International Airport Limited is treated as supply as going concern and covered in clause 4 of schedule II of CGST Act viz-a-viz GSGST?
3.Whether the transfer of business by AAI to M/s. Adani Ahmedabad International Airport Limited is covered under the Entry No. 2of the exemption  notification No 12/2017 – Central Tax (Rate) dated 28-06-2017 issued u/s Section 11 of CGST Act 2017?
4.If the answer is negative, then whether GST is leviable on the transfer of Existing assets (“RAB”), Aeronautical Assets, non-aeronautical assets and Capital work in progress by AAI to the M/s. Adani Ahmedabad International Airport Limited?
5.Whether the aforesaid transfer of asset be treated as services and the classification for the same?
6.Whether the concession fees paid by M/s. Adani Ahmedabad International Airport Limited to AAI be treated as consideration for transfer of business?
7.Whether GST is applicable on Monthly/Annual concession fees charged by the AAI on the  M/s. Adani Ahmedabad International Airport Limited?
8.Whether GST is leviable on the invoice raised by AAI for reimbursement of the salary/ staff cost on M/s. Adani Ahmedabad International Airport Limited? If yes at what rate?
9.Whether GST is applicable on the reimbursement claimed of Municipal tax, Property Tax and Water Charges by the AAI from M/s. Adani Ahmedabad International Airport Limited? If yes at what rate
10.Whether GST is applicable on transfer of spares and consumables for consideration by the AAI to M/s.  Adani Ahmedabad International Airport Limited? If yes at what rate?

GUJ/GAAR/R/46/2021 dated -27/08/2021

(Size: 362.41 किलोबाइट)

97(2) (a), (b), (c),(e) and (f)
1230 M/s. V.L.Traders (Trade Name: Vipulbhai Laljibhai Dobariya) Gujarat

1.Under which Tariff Heading the product dealt in by the applicant i.e. Papad of different shapes and sizes are eligible to be classified?
2.What is the applicable rate of SGST and CGST on supply of such Papad of different shapes and sizes?
Ans.  Rejected

GUJ/GAAR/R/49/2021 dated -27/08/2021

(Size: 120.52 किलोबाइट)

97(2) ( a )