Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1291 M/s. Oerlikon Balzers India Pvt. Ltd Maharashtra

Q.1.  Whether activity of surface coating undertaken by the Applicant in the State of Maharashtra on original/new goods received from Customer is classifiable under service accounting code 9988 more specifically under code 998898 as job work activity chargeable to tax at 12% in terms of entry no. 26(id) of Notification 11/2017 Central Tax (Rate) as amended or at 18% in terms of entry no. 26(iv) of Notification no. 11/2017.

Q.2.   Whether activity of surface coating undertaken by the Applicant in the State of  Maharashtra on old, worn out or used goods received from Customers is classifiable under  service accounting code 9988 more specifically under code 998898 as job work activity chargeable to tax at 12% in terms of entry no. 26(id) of Notification 11/2017 Central Tax  (Rate) as amended or under Service accounting code 9987 more specifically under code  998729 as repairs chargeable to tax at 18% in terms of entry no. 25(ii) of Notification no.  11/2017.

GST-ARA- 102/2019-20/B-107,Mumbai, dated 09.12.2021

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97 (2) (a) & (b)
1292 M/s. Cummins India Limited Maharashtra

Whether parts of diesel marine engine or genset supplied or to be supplied by the Applicant to the Indian Navy are chargeable to 5% IGST or 2.5% CGST + 2.5% SGST as ‘parts of heading of 8902, 8904, 8905, 8906 and 8907' in terms of Sr. No. 252 of Notification No. 1/2017-Central Tax (Rate), dated 28 6-2017 ?

GST-ARA- 117/2019-20/B-106,Mumbai, dated 09.12.2021

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97 (2)(b)
1293 M/s Swastiks Masalas Pickles and Food Products Pvt. Ltd. Karnataka

i. What is the HSN Code of the product "RavaIdli Mix"?

KAR/ADRG/76/2021 dated 08.12.2021

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97(2)(a)
1294 M/s OCEAN BLUE BOATING PRIVATE LIMITED Maharashtra

1. Whether GST rate of 5% can be charged on supply of marine engines of heading 8407 and heading 8408 and/or their spare parts of heading 8409 without considering its general tax rate as per the entry of schedule I, Sl. No. 252 of Notification No. 1/2017-Central Tax (Rate), Dated 28-06-2017, on the basis of its ultimate used as part of fishing vessel of heading 8902.

2.  Whether GST rate of 5% can be charged on supply of marine engines of heading 8407 and heading 8408 and/or their spare parts of heading 8409 when it is supplied for use of defense purpose, patrolling purpose, flood relief and rescue operations being part of heading 8901, 8904, 8905, 8906, 8907.

GST-ARA- 32/2021-22/B-105, Mumbai, dated 06.12.2021

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97(2) (a) & (b)
1295 M/s Healersark Resources Private Limited Karnataka

i. What is the applicable GST SAC and GST rate for the supply of service described in this application?
Ii.  Is it a composite supply or a mixed supply?
Iii. Whether the service is exempted vide Notification No.12/2017-CT (Rate) dated 28-06-2017?

KAR/ADRG/75/2021 dated 06.12.2021

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97(2)(a)&(b)
1296 M/s Hindustan Agencies Karnataka

i. Whether the applicant is entitled to collect GST on Supply of services which pertains to selling of agricultural produce as per APMC Act?
ii.  Is there any special case where the applicant has to collect GST on the Service provided (Branded and unbranded)?

KAR/ADRG/73/2021 dated 06.12.2021

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97(2) (e)
1297 M/s Time education Kolkata Private Limited Telangana

1. Whether the services supplied by the applicant can be termed as the supply of space for advertisement in print media?

2. If yes, GST@5% can be charged on the invoices raised to the customers?

TSAAR Order No.28/2021 dated 06.12.2021

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97(2) (g)
1298 M/s South Indian Federation of Fishermen Societies Karnataka

i. Rate of tax on Marine Engines coming under HSN Code 8407 and its spare parts exclusively used as part of fishing vessel of heading 8902.
ii. Whether GST leviable on supply of materials and labour charges incurred during the warranty period, free of cost.
iii.  Rate of tax applicable for collection made towards supply of materials and labour charges towards repair of fishing vessels of heading 8902.
iv.  Rate of tax on puff insulated ice boxes used by fishermen in fishing vessels for reducing spoilage and maintaining good hygiene.
v. Rate of tax on marine engine coming under HSN Code 8407 supplied to Defence Department for patrol, flood relief and rescue operations.

KAR/ADRG/74/2021 dated 06.12.2021

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97(2) (e)
1299 M/s INDIAN OIL CORPORATION LTD. Uttar Pradesh

Que- (i) Whether the services supplied by UPPTCL to the Applicant are exempt from payment of GST under Entry No. 25 of Notification No. 12/2017-Central Tax(Rate) dated 28-06-2017?

Ans- (i)- The application is not admitted, under Section 98(2) read with Section 95(a) of CGST Act, 2017/UPGST Act, 2017 for the reason that the applicant has raised questions as a recipient of service

Que-(ii)-Subject to above, whether the Applicant is eligible to claim Input Tax Credit(ITC) of the tax paid on services received from UPPTCL?

Ans-(ii)- Not answered as question 1 is not admitted.

Que-(iii)-Subject to above, whether the Applicant is liable to deduct Tax at Source(TDS) on the amount paid to UPPTCL for services supplied by it?

Ans-(iii)-Not answered as question I is not admitted.

UP_AAR_88 dated 03.12.2021

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97(2), (b) &(d)
1300 M/s.YAZAKI INDIA PVT LTD Maharashtra

i.  Whether such services provided by third party Canteen and Transport contractor (having already suffered tax), be regarded once again as supply of services rendered by Applicant Company to its employees in the course or furtherance of business as per Section 7 r/w Schedule I of the Central Goods and Service Tax Act, 2017, just by the reason that "part cost incurred " has been recovered from its employees, as agreed upon.

ii.  Whether part recovery of cost from employee can be said to be "consideration earned" by  the Applicant towards supply of services under the GST Act, 2017 and be subjected to GST.

iii.  If such part recovery of cost to be regarded as value and consideration received for supply of facilitation / support services made in the course or furtherance of business, by the Applicant Company, what is the tax amount which is required to be paid on such recoveries and the applicable SAC code?

iv.  And if the tax is to be paid on such recovery of "part cost incurred” from the employees, treating it as " taxable outward supply of service referred above at question iii" made "in the course or furtherance of business” as provided in Section 7 of CGST Act, 2017 r/w Schedule I, can the Applicant Company be allowed ITC credit to that extent, as per Section 16 of CGST Act, 2017, which also coins the word as "used in the course or furtherance of business". More so due to the reason, if such levy is imposed on premise that it is taxable supply at the hands of Applicant Company, then credit needs to be allowed.

GST-ARA- 12/2020-21/B-102, Mumbai, dated 01.12.2021

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97(2) (a), (b),(c),(d) & (e)