Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1531 M/s. Kanayalal Pahilajrai Balwani (Siddharth Foods) Gujarat

Whether or not there is requirement for reversal of input tax credit on goods used as raw material in manufacturing of expired cakes & pastries that were kept in display for use in course or furtherance of business.

GUJ/GAAR/R/16/2021 dated 30.06.2021

application-pdf(Size: 121.78 किलोबाइट)

97(2) (d)
1532 M/s. Perstorp Industries India Pvt Ltd. Gujarat

withdrawal

GUJ/GAAR/ADM/2021/03 dated 30.06.2021

application-pdf(Size: 80.15 किलोबाइट)

-
1533 M/s. Tirupati Construction Gujarat

Whether the activity of composite supply of works contract service by way of construction of fish market for the Panchayat(Road and Building) Division, Valsad District Panchayat merits classification at Serial Number 3(vi)(a) of Notification No.11/2017-Central Tax(Rate) dated 28-6-17(hereinafter referred to as said NT)?”

Ans. The subject Supply is eligible for 12% GST (6% CGST; 6% SGST) vide Serial Number 3(vi) (a) of said NT (as amended from time to time).

GUJ/GAAR/R/19/2021 dated 30.06.2021

application-pdf(Size: 176.95 किलोबाइट)

97(2)(a)
1534 M/s. Vadilal Industries Ltd Gujarat

1.‘Paratha’ merits classification at HSN 21069099.
2.‘Paratha’ are covered at
i.Entry No.453 of Schedule-III of Notification No.01/2017-Central Tax(Rate) dated 28-6-17 for the period from 1-7-17 to 14-11-17 and liable to GST at the rate of 18%(9% SGST + 9% CGST) and
ii Entry No.23 of Schedule-III of Notification No.01/2017-Central Tax(Rate) dated 28-6-17(as amended by Notification No.41/2017-Central Tax(Rate) dated 14-11-17) with effect from 15-11-17 and liable to GST at the rate of 18%(9% SGST + 9% CGST).

GUJ/GAAR/R/20/2021 dated 30.06.2021

application-pdf(Size: 191.84 किलोबाइट)

97(2)(a) & (b)
1535 TERETEX TRADING PRIVATE LIMITED West Bengal

Whether supply of services by the applicant by way of arranging sales of goods to the recipient located outside the country shall be considered as " export of service" or not.

03/WBAAR/2021-22 dated 28/06/2021

application-pdf(Size: 554.24 किलोबाइट)

-
1536 M/s. DR-WILLMAR SCHWABE (I) Pvt Ltd Uttar Pradesh

Q-1 Whether ITC is  available to the Applicant on GST charged by service provider  on hiring of bus, having seating Capacity of more than thirteen person for transportation of employees  to & from workplace.

Ans-1 ITC is available to the Applicant only after 01.02.2019.

Q-2 Whether GST is Applicable on amount recovered by the Applicant  from employees  for usage of bus transportation facility.

Ans-2 No.

Q-3 If  ITC is Available as per (a), whether it will be restricted to the extent of cost borne by the  Applicant (employer)?

Ans-3 No.

UP_AAR_79 dated 28.06.2021

application-pdf(Size: 7.09 मेगा बाइट)

97(2) (d) & (e)
1537 M/s. TIANYIN WORLDTECH INDIA PVT LTD Uttar Pradesh

Q-1 The Applicant has approached the  authority of Advance ruling to determine the admissibility of input Tax Credit of Tax paid on cost  proposed to be incurred in relation to Activity mentioned ?

Ans-1 The input Tax Credit of Tax paid on cost Proposed to be incurred in relation to Activity mentioned is not Admissible

UP_AAR_80 dated 28.06.2021

application-pdf(Size: 6.91 मेगा बाइट)

97(2)(a)
1538 M/s. Schreiber Dynamix Dairies Private Limited Maharashtra

1. Whether such manufacture and supply of Flavoured Milk in Tetrapack are  classifiable under Chapter 4 more specifically under HSN 0402 99 90 taxable at 5 %  as per as per Serial No.8 of Notification No.1/2017 - C T (rate) dated 28.06.2017 as  amended read with the parallel notification in State GST or under 2202 99 30

2. Also as to whether “the job charges” would also attract 5 % under SAC Code  998815, for the job work activity of conversion of raw material (raw milk with or  without tetrapack material supplied by Principal for such conversion and by  using  applicant utilities and consumables) in to flavoured milk (put in Tetra pack  (at  times used by applicant), falling under SAC Code 998815, as per Serial No.26 (i) (f)  of Notification No.11/2017 CT (rate) dated 28.06.2017 as amended read with the  parallel notification issued in State GST.

GST-ARA- 121/2019-20/B- 24 ,Mumbai, dated 22.06.2021

application-pdf(Size: 495.41 किलोबाइट)

97(2)(a)(b) & (e)
1539 M/s. Naresh Shankar Billa Maharashtra

1. Classification of Beverage Whitener (HSN – 21069099 or HSN – 04021090)

2. Tax rate applicable to Beverage Whitener

GST-ARA- 111/2019-20/B- 17 ,Mumbai, dated 22.06.2021

application-pdf(Size: 380.3 किलोबाइट)

97(2) (a) & (d)
1540 M/s. Rotary Club of Bombay Mid Town Maharashtra

1. Whether the amount collected as membership subscription and admission fees from members is liable to GST as supply of services?

2. If the above receipts are liable to GST can the Club claim Input tax credit of the tax paid on Banquet and catering services for holding members meetings and various events?

GST-ARA- 02/2020-21/B- 18 ,Mumbai, dated 22.06.2021

application-pdf(Size: 475.47 किलोबाइट)

97(2)(d)(e)(f) & (g)