Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
481 Aditya Birla Retail Ltd. Maharashtra

(a) Whether the subject goods, proposed to be sold under Stream 1, where the package of the subject goods would merely have a declaration mentioning the name and registered address of the Applicant as the manufacturer, as per the statutory requirement under Subject Statutory Provisions, can be considered as ‘not bearing a brand name’, and, accordingly eligible for exemption from GST in terms of relevant entries to Notification No. 2/2017 Central tax (Rate) dated 28th June 2017 (‘CGST Notification’), and, the corresponding entries under Notification No. 2/2017-Intergrated tax (Rate) dated 28th June 2017 (‘IGST Notification’) and Notification No.2/2017-State Tax (Rate) dated 29th June 2017) [collectively referred to as ‘the Exemption Notifications’]?

(b) Whether the subject goods proposed to be sold under Stream 2, where the package of the subject goods would have a declaration mentioning the name and registered address of the manufacturer as per the statutory requirement under the Subject Statutory Provisions as also the declaration ‘Marketed by- Aditya Birla Retail Limited’ can be considered as ‘not bearing a brand name’, and, accordingly eligible for exemption in terms of relevant entries to the Exemption Notifications?

(c) Whether the declarations made on the package, by inter alia using common/ generic terms viz. ‘Value’, ‘Choice’ and ‘Superior’, for the sole purpose of indicating the quality of the product so as to enable the customers to identify and buy products based on their requirements, budget and preferences can be construed to be a ‘brand name’ for the purpose of the Exemption Notifications?

GST-ARA-13/2017/B-16 Mumbai, dt. 23.03.2018

(Format: pdf, Size: 6.61 MB)

97(2) (b)
482 Tata Motors Limited Maharashtra

    
1. Whether Tata Harrier vehicle, which has following specifications, is classifiable under Tariff Item 8703 32 91 or 8703 32 99 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)?

2. For a motor vehicle to get covered under above entry as SUV/ UV, whether it has to satisfy only the conditions mentioned in main clause i.e. engine capacity above 1500 cc and popularly known as SUV/ UV or in addition, it has to also satisfy the conditions mentioned in Explanation" i.e. length exceeding 4000 mm and ground clearance of 170 mm and above? In short, if the vehicle satisfies only the conditions mentioned in main clause but is not satisfying any one or all of the conditions mentioned in Explanation', whether it would still be covered under Entry at Sr. No. 52B of Notification No. 1/2017-Compensation Cess (Rate) dated 28.06.2017 as amended?

3. For the purpose of Cess @ 22% under Sr. No: 52B of Notification No. 1/2017 Compensation Cess (Rate) dated 28.06.2017 as amended, whether the ground clearance of the vehicle is to be considered in laden condition or in unladen condition?

4. Whether Tata Harrier vehicle whose ground clearance in unladen condition is 205 mm and in laden condition is 160 mm, would fall under Sr. No. 52B of the Notification No. 1/2017-Compensation Cess. (Rate) dated 28.06.2017 as amended?

5. Whether GST Compensation Cess @ 22% under Sr. No. 52B of Notification No. 1/2017-Compensation Cess (Rate) dated 28.06.2017 as amended, will be applicable to Tata Harrier vehicle?

6. Vehicle whose ground clearance in unladen condition is more than 170 mm but below 170mm in laden condition, whether will get covered under Sr. No. 52B of Notification No. 1/2017-Compensation Cess (Rate) dated 28.06.2017?

NO.GST-ARA- 104/2018-19/B- 32 Mumbai dated 22.03.2019

(Format: pdf, Size: 2.08 MB)

97(2) (a)&(e)
483 Reliance Infrastructure Limited Maharashtra

i. Whether reinstatement charges paid to Municipal Authorities would be liable to GST?

ii. Whether access charges paid to Municipal Authorities would be liable to GST?

GST-ARA-11/2017/B-14 Mumbai, dt. 21.03.2018

(Format: pdf, Size: 4.13 MB)

97(2) (a)
484 Reliance Infrastructure Limited Maharashtra

i. Whether reinstatement charges paid to Municipal Authorities would be liable to GST?

ii. Whether access charges paid to Municipal Authorities would be liable to GST?

GST-ARA-11/2017/B-14 Mumbai, dt. 21.03.2018

(Format: pdf, Size: 4.13 MB)

97(2) (a)
485 Cargill India Private Limited Maharashtra

Whether Natural Easter Dielectric Fluid (hereinafter referred to as ‘ Envirotemp FR3’)  fall under  Serial no. 90 of Schedule I of Notification No. 1/2017-State Tax (Rate) dated 29th June, 2017 issued under the Maharashtra Goods and Services Tax Act, 2017 and Notification No. 1/2017- Central Tax (Rate) dated 28th June, 2017 issued under the Central Goods and Services Tax Act, 2017 is taxable at the rate of 2.5% (State tax and Central tax)       Or                                      

Whether Envirotemp FR3) fall under Serial no. 27 of Schedule II of Notification No. 1/2017-State Tax (Rate) dated 29th June, 2017 issued under the Maharashtra Goods and Services Tax Act, 2017 and Notification No. 1/2017- Central Tax (Rate) dated 28th June, 2017 issued under the Central Goods and Services Tax Act, 2017 is taxable at the rate of 6% (State tax and Central tax)?

GST-ARA-09/2017/B-12 Mumbai, dt. 20.03.2018

(Format: pdf, Size: 4.13 MB)

97(2) (a)& (b)
486 Hafele India Pvt. Ltd. Maharashtra

Whether Caesar stone imported by the applicant can be classified under HSN Code 2506 or 6810?

GST-ARA-10/2017/B-14 Mumbai, dt. 20.03.2018

(Format: pdf, Size: 3.62 MB)

97(2) (a)
487 CMS Info Systems Limited Maharashtra

1) Whether supply of such motor vehicles as scrap after its usage can be treated as 'supply' in the course or furtherance of business and whether such transaction would attract GST?If yes,please provide the rate of GST and/or Compensation Cess

2) If the answer to Question 1 is in affirmative, whether Input tax Credit is available to CMS Info Systems Ltd. ('CMS' or 'the applicant')on purchase of motor vehicles i.e.cash carry vans which are purchased, used for cash management business and supplied post usage as scrap?

GST-ARA-08/2017/B-11 Mumbai, dt. 19.03.2018

(Format: pdf, Size: 5.31 MB)

97(2) (e) & (g)
488 M/s. Ceat Limited Maharashtra

What is the classification and rate of Central Goods Service Tax leviable on product-“E-rickshaw tyres”.

GST-ARA-07/2017/B-10 Mumbai, dt. 09.03.2018

(Format: pdf, Size: 3.46 MB)

97(2)(a), (b)& (e)
489 Simple Rajendra Shukla Maharashtra

Whether Services related to providing coaching for entrance exam will come in the ambit of GST?

GST-ARA-06/2017/B- 08 Mumbai, dt. 09.03.2018

(Format: pdf, Size: 1.16 MB)

97(2) (e) & (g)
490 M/s JSW Energy Limited Maharashtra

Applicability of GST on

1)  Supply of coal or any other inputs on a job work basis by JSL to JEL

2) Supply of power by JEL to JSL

3) Job work charges payable to JEL by JSL

GST-ARA-05/2017/B- 08 Mumbai, dt. 05.03.2018

(Format: pdf, Size: 4.08 MB)

97(2) (e)& (g)