Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1181 M/s Harsh Agro M/s Jatin Agro M/s Dheer Agro Godowns M/s H.S.Agro M/s.Jagat Agro, C/o M/s Sukhbir Agro EnergyLtd. Punjab

1.(a) Under the Private Investors Guarantee (PEG)- 2008 scheme, there are two types of PEG warehouses namely
     1. On lease only basis

    2. On lease and service basis

   In case of lease only basis, godowns have been built by the private investor and have been leased to the nodal agency which manages the storage, preservation and warehousing of the stocks of the FCI stored therein.

  Whether this arrangement with private investor falls under the classification of 'Storage and Warehousing of Agricultural produce and rice and is therefore exempt from payment of GST?

 (b) whether GST is exempt or is applicable on the private Entrepreneurs Godowns built under PEG-2008 scheme of the FCI and leased out to Nodal Agency (PUNGRAIN) on ‘Lease only basis' for the storage of FCI's food grain stocks (Wheat and Rice).

AAR/GST/PB/13 Dated 11.02.2022

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97(2)(a) & (b)
1182 M/s Sukhbir Agro EnergyLtd. Punjab

1. Applicant has entered into a Power Purchase Agreement with Punjab State Power Corporation Limited (PSPCL) for supply of power to be generated from 2 Rice straw bed biomass power projects of 15 MW capacity each regarding which letter of award has been issued to the applicant by Punjab Energy Development Authority (PEDA). The applicant has to establish two biomass based power plants and requires to procure the items listed in annexure to this order for the said purpose. Applicant wants to know about the classification of the goods mentioned in the annexure

2. Whether the items purchased/to be purchased and used to be used for producing/generating electricity from paddy straw/waste, as per annexed list, are covered in schedule-1- 5% Sr. no. 234, Chapter/Heading/Sub Heading/Tariff item 84 or 85(e)- Waste to energy plants/devices under renewable energy devices and parts for their manufactures of notification No. 1/2017 Integrated Tax (Rate) dated 28 June, 2017 for the purpose of levy of GST

AAR/GST/PB/12 Dated 11.02.2022

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97(2)(a) & (b)
1183 M/s C &A Sourcing Internatioanl Ltd. Karnataka

1. Whether the activities carried out in India by the Applicant would constitute a supply of "other support services" falling under HSN code 9985 or as "Intermediary service" classifiable under HSN code 9961/9962 or any other classification of services as specified under various Tariff entries of rate       notification issued under Goods and Services Tax Law?
2. Whether the aforesaid services provided by the Applicant would qualify as 'export of services' in terms of clause 6 of section 2 of the Integrated Goods and Services Tax Act 2017 (hereinafter 'IGST Act, 2017') and consequently will it be construed as ' Zero rated supply' in terms of Section 16 of the said act?
 In this regard the applicant vide their letter dated : 08-02-2022 requested this authority to permit them to withdraw their application stating that the above issues has been clarified by CBIC vide circular No. 159/5/2021, dated: 21-09-2021

KAR/ADRG 05/2022 dated 10.02.2022 97 (2) (a)
1184 BANCHU DAS West Bengal

Whether conservancy/solid waste management is exempt from GST?

13/WBAAR/2022-23 Dated: 10/21/2022

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97(2)(e)
1185 M/s Toyota Kirloskar Motor Private Limited Karnataka

Whether the pick-up track cum passenger cars are classifiable under Tariff Item 8704 21 90, which covers "Motor vehicles for the transport of goods" and thus subject to 28% rate of Integrated Tax under Entry no. 166 under Schedule IV to the Notification no 1/2017 - Integrated Tax (Rate) dated 28.06.2017. The applicant vide their letter dated : 03-02-2022 requested this authority to permit them to withdraw their application quoting the commerical reasons.

KAR/ADRG 04/2022 dated 10.02.2022 97 (2) (a)
1186 United Breweries Limited Maharashtra

Whether assignment/transfer of leasehold rights in land & structures standing there by the applicant to M/s. Greenscape IT Park LLP would qualify as ‘supply’ and liable to GST and if so, then under which section of GST Act?

GST-ARA- 78/2020-21/B-109,Mumbai, dt.08.02.2022

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97(2)(g)
1187 M/s. KAPIL SONS (Rajendra Kumar Baheti) Maharashtra

1.  Whether the activity to be carried by the applicant shall be classified as supply of goods or services or a composite supply of ‘works’ contract’?
2.  Whether the activity should be classified as Composite Supply of works contract for Construction of tunnel under Entry 3(iv) of Notification No. 11/2017-CT (Rate) dated 28.06.2017 taxable at the rate of 12%?

GST-ARA- 05/2021-22/B-17 Mumbai dated 08.02.2022

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97(2) (a )
1188 M/s Daulatram Engineering Services Pvt. Ltd. Madhya Pradesh

Whether Roof Mounted AC Package Unit manufactured as per the specifications and drawings issued by organizations owned and operated by Ministry of Railways of India/Research Design and Standards Organisation (RDSO) working under Ministry of Railways of India is covered under chapter Heading 3607 of GST Tariff ?

MP/AAR/02/2022 Dated 08.02.2022

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97(2) (b)
1189 M/s Reliance Industries Limited Maharashtra

1. Whether Sub-entry (i) of Entry No. 34 of Notification No. 11/2017 – Central Tax dated 28.06.2021 which reads, ‘’Services by way of admission or access to circus, Indian classical dance including folk dance, theatrical performance, drama or planetarium’’ is applicable to and covers supply of services by way of admission to the following performances:
a.   music performance of various types including Hindustani classical,  Western classical, Carnatic classical, Folk, Semi-classical, Devotional, Electronic, Bollywood, Pop, etc.;
b.   theatrical performances of various types including Drama, Musicals, Stand-up, Immersive, Experimental, Puppetry/ Object theatre, Children’s theatre, etc.;
c.    Indian Classical dance and Folk-dance performances;
d.   dance performances, other than Indian Classical dance and Folk dance such as Contemporary dance, Social/Pop dance; and
e.   Multi-art performances.
2. Alternatively, whether Sub-Entry (vi) of Entry No. 34 of Notification No. 11/2017 – Central Tax dated 28.06.2021, which reads, “Recreational, cultural and sporting services other than (i), (ii), (iia) (iii), (iiia), (iv) and (v) above” is applicable to and covers the supply of the above-referred services

GST-ARA- 35/2020-21/B-16 Mumbai dated 01.02.2022

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97(2) (a)
1190 M/s. Sir J J College of Architecture Consultancy Cell Maharashtra

Applicability of GST exemption on Comprehensive architectural services that includes architectural design,  structural design , MEP design , HVAC services design,  preparation of drawings etc for repairs/ restoration, reconstruction for development of recreation ground cum  textile museum at United India Mills 2 & 3 at Kala chowky provided by the Applicant to Municipal  Corporation of Greater Mumbai (‘MCGM’). 

GST-ARA- 13/2020-21/B- 15 Mumbai dated 01.02.2022

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97(2) (b)