Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1011 M/s Vaighai Agro Products Limited Tamil Nadu

1.  Whether GST rate applicable for Job work service in relation to manufacture of Coconut Oil and Coconut De-oiled cake is 5% (CGST- 2.50%; SGST – 2.50%) as per Sl. No. 26 (f) and (g) of Notification No. 11/2017-CT(Rate) dated 28.06.2017 read with Notification No. 31/2017- CT (Rate) dated 13.10.2017.
2. Whether GST rate applicable for Job work service in relation to manufacture of Rice Bran Oil and De-oiled Rice Bran is 5% (CGST – 2.50%; SGST – 2.50%) as per Sl. No. 26 (f) and (g) of Notification No. 11/2017- CT(Rate) dated 28.06.2017 read with Notification No. 31/2017-CT (Rate) dated 13.10.2017.

TN/09/ARA/2022 DATED 22.03.2022

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97(2)(e)
1012 M/s. Coastal Fats & Oils Pvt Ltd Andhra Pradesh

What is the Rate of Tax on solvent Extracted spent Earth oil?

AAR No.06 /AP/GST/2022 dated:21.03.2022

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97(2)(a) &(b)
1013 M/s. Keshav Projects Andhra Pradesh

Whether the “Supply of Manpower for preparation and serving of spot Electricity Bills’ services provided to Andhra Pradesh Central Power Distribution Corporation Limited for Andhra Pradesh Rural Electrification including distribution of electricity (APCPDCL) can be termed as ‘Pure Services’ as referred in Sl.No.3- (Chapter 99) of table mentioned in Notification No.12/2017- Central Tax (Rate) dated 28.06.2017 and accordingly eligible for exemption from Central Goods and Service Tax and Sl.No.3 (Chapter 99) of table mentioned in G.O.Ms.No.588 – (Andhra Pradesh) State Tax (Rate) Dated 12/12/2017 and accordingly eligible for exemption from Andhra Pradesh Goods and Service Tax

AAR No.05 /AP/GST/2022 dated:21.03.2022

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97(2)(b) & (e)
1014 M/s. Krishna Institute of Medical Sciences Limited, Andhra Pradesh

i)Whether administering of COVID-19 vaccination by hospitals is Supply of Good or Supply of Service?
ii) Whether administering of COVID-19 Vaccine by clinical establishments (Hospitals) qualify as “Health care services” as per Notification No. 12/2017 Central Tax Rate dated 28.06.2017?
iii) Whether administering of COVID-19 vaccination by clinical establishment is exempt under GST Act?

AAR No.04 /AP/GST/2022 dated:21.03.2022

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97(2)(a) &(b)
1015 M/S DIVISION FOREST OFFICE, BAGESHWAR Uttarakhand

1. Whether the supply of labour services for collection of seeds from forest, digging contour trenches, chal-khal (water conservation pits in hills) for soil and moisture conservation, clearing of fire lines in forest to protect forest from fire which causes damage to forest, controlled burning of portion of forest to prevent spread of fire and damage to environment in included in exempted services in Notification No. 12/2017 Central Tax (Rate ) dated 28-06-2017 or any other related exemption notification.

2. If above supply of service is not included in any exemption notifications as per Question 1, the rate of goods and service tax applicable to such supply of services.

3. Whether the supply of services for raising seedlings in nursery is exempted services in Notification No. 12/2017 Central Tax (Rate) dated 28-06-2017 or any other related exemption notification.

4. If above supply of service is not included in any exemption notifications as per Question 3, the rate of goods and service tax applicable to such supply of services.

5. Whether the supply of services for plantation in forest is exempted services in Notification No. 12/2017 Central Tax (Rate) dated 28-06-2017 or any other related exemption notification.

6. If above supply of service is not included in any exemption notifications as per Question 5, the rate of goods and service tax applicable to such supply of services.

7. Whether the supply of services for creation of check-dam for Soil and Moisture Conservation is exempted services in Notification No. 12/2017 Central Tax (Rate) dated 28-06-2017 or any other related exemption notification.

8. If above supply of service is not included in any exemption notifications as per Question 7, the rate of goods and service tax applicable to such supply of services.

9. The section 51 of the CGST specifies that TDS is to be deducted when total value of taxable goods or services or both under a contract exceeds Rs 2,50,000. Most the mentioned works in this application are small in nature. Therefore, the value of single contract in most cases is less than Rs 2,50,000. However, the service provider registered with the department provides services for many works like one contract for nursery, second for plantation, third for fire lines and so on. The value of all contract combined may become more than Rs 10 Lakhs in some cases. Whether, TDS is to be deducted if applicant gives contract for multiple works to the contractor, the cumulative contract value is more than Rs 2,50,000. However, work order of single contract is less than Rs 2,50,000

UK-AAR-09/2021-22 dated 16.03.2022

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97 (2) (a), (b) &( e )
1016 M/s SHAH SAKALCHAND CHUNILAL & CO (HITESH P JAIN) Maharashtra

Whether brass puja utensils like diya, samai, agarbatti stand, pach arti, dhuparti, nandadeep, hawankund and other utensils used in puja daily in households are covered by Tariff Heading 7418 or Tariff Heading 7419.

GST-ARA- 75/2021-22/B-32 Mumbai dated 15.03.2022

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97 (2) (a)
1017 M/s. FOREST DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED Maharashtra

1.  Whether the transfer of land, held under lease by FDCM, towards Kolsapada Minor  Irrigation Project is supply of service?

2. Whether exemption under Entry No 3. Of Notification No. 12/2017 Central Tax (Rate), dated 28.06.2017 will be applicable on the amount of compensation received by FDCM against transfer of land held under lease for Kolsapada Minor Irrigation Project?

GST-ARA- 18/2020-21/B-31 Mumbai dated 15.03.2022

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97 (2) (a), (b) & (e)
1018 M/s. Maharashtra Ex-Servicemen Corporation Ltd. Maharashtra

Whether the Chapter No. 99, Sr. No. 3 of the Exemption Notification No. 12/2017 is applicable to MESCO Ltd. for the pure services i.e. Security Services rendered to various sites of Municipal Corporations in relation to functions entrusted to it under Article 243 W of the Constitution of India, thereby exempting as a service provider from the whole of GST?

GST-ARA- 105 /2019-20/B-33 Mumbai dated 15.03.2022

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97 (2) (b)
1019 M/s Pankaj enterprises Karnataka

i. Determination of the taxable value under GST Act, 2017 of Immovable Constructed Commercial Property without any occupancy or Completion Certificate where the area of the land exceeds 500 square meters or the number of Apartments proposed to be developed exceeds 8 inclusive of all phases particularly when the actual Guidance value fixed by the Competent Government Authority is more than the Value of Sale Consideration stated in the absolute Sale Deed registered by the Builder in favour of the Purchaser

KAR/ADRG 09/2022 dated 14.03.2022

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97 (2) (c)
1020 M/s. Data Processing Forms Pvt Ltd Gujarat

A.Whether from the facts and circumstances of the case, supplies made by the applicant to the Examination Boards and Educational Institution are entitled for exemption from payment of Good and Service Tax under Sr. No. 66, Heading No. 9992 (education Services) of the exemption Not. No. 12/2017-CT (Rate) dated 28-6-2017, read with Not. No. 14/2018-CT (Rate) dated 26-7-18. 
B.If yes, whether the applicant is entitled for refund of the taxes collected and paid into Govt. treasury so far.

GUJ/GAAR/R/2022/13 dated 14.03.2022

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97(2)(b)