Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1221 M/S. Yashaswi Academy For Skills Maharashtra

1.  Whether the reimbursement by Industry Partner to YAS of the stipend paid to students attracts GST?

2.  Whether the reimbursement by Industry Partner to YAS of the insurance premium attracts GST?

3.  Whether the reimbursement by Industry Partner to YAS of the expenses for uniform and safety shoes attracts GST?

GST-ARA- 83/2019-20/B- 47 Mumbai dated 20.08.2021

(Size: 2.54 MB)

97(2)(e) & (g)
1222 THIRU NEELAKANTA REALTORS LIMITED LIABILITY Tamil Nadu

1.Whether paragraph 2A of Notification No. 03/2019-Central Tax (Rate) dated 29thMarch, 2019, is applicable to those agreements entered on or before 29th September 2019 with unregistered persons?

2. If the answer to question (1) is affirmative, whether Notification no 03/2019-Central Tax (Rate) dated 29th March, 2019 is applicable, when the actual cost of construction of services are known?

3. If the answer to the question (1) or (2) is negative, which valuation rule is applicable for identifying the value of supply for construction services rendered?

4. What will be the value of supply, in case, Applicant adopts Rule 30 of CGST Rule, 2017?

5. What will be the value of supply, in case, Applicant adopts Rule 31, instead of Rule 30 of CGST Rule, 2017 in terms of proviso to Rule 31 of CGST Rules?

6. Whether paragraph 2A of Notification no 03/2019-Central Tax (Rate) dated 29th March, 2019, is ultravires Section 15(5) of CGST Act, 2017 and hence is inapplicable until there is prescription of rules in terms of Section 15(5) read with Section 2(87) of CGST Act, 2017?

TN/33/ARA/2021 Dated 17.08.2021

(Size: 1.34 MB)

97(2) (b)
1223 ESMARIO MARINE PRIVATE LIMITED Tamil Nadu

1. Whether the supply of goods under HSN Code 8407 while principal supply is for fishing boats and vessels applying 5% GST rate is correct or not.

2. As per the earlier Advance Rulings issued in various states and circular issued from Ministry of Finance (Revenue Department) it clearly states that the GST liability for HSN 8408 is only 5% when it is supplied to fishing boats and vessels even though it is in higher taxable rate of 28% GST under the GST Schedule. Why it cannot adopt the same for HSN 8407 marine engines.

3. Goods of supply under HSN code 8409, 8483, 8902, 8487, 8501, 8502, 8415, 8418, 8413 which is also supplied to fishing boats and vessels mainly. Whether it can be adopted as per the circular.

TN/32/ARA/2021 Dated 17.08.2021

(Size: 6.35 MB)

97(2) (a)
1224 M/s. Mukesh & Associates Tamil Nadu

Whether the Pure services M/s Mukesh & Associates, by way of rendering Consulting Service for Programme Management and Accompanying Measures for implementation of Integrated Strom Water Drain for M1 & M2 components of  Kovalam Basin in the extended area of Greater Chennai Corporation supplied to the Superintending Engineer, Strom Water Drain Department, Greater Chennai Corporation, Chennai are exempted from payment of GST as per the S.No.3 of the Notification No.12/2017-Central Tax (Rate) dated 28.06.2017?

TN/34/ARA/2021 Dated 17.08.2021

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97(2)(b)
1225 M/s. Deccan Transco Leasing Private Limited Telangana

Is GST liable to be paid on leasing of tank containers taken form a supplier i.e., lessor who is located outside India and the tank containers do not reach India? As it is finance lease, it is supply of goods and tank containers do not reach the Indian Territory.

TSAAR Order No. 08/2021 Date. 17.08.2021

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97 (2) (e&g)
1226 M/s. Efkon India Private Limited Telangana

Application was withdrawn by applicant.

TSAAR Order No. 07/2021 Date. 16.08.2021

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1227 M/s. Gujarat State Road Development Corporation Gujarat

1.GSRDC is a Government Entity.
2.In addition to being a Government Entity, GSRDC shall also be a Government Authority, in such cases when it constructs
Municipal Roads/ bridges; Village Roads/bridges.

GUJ/GAAR/R/42/2021 dated -11/08/2021

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97(2) (a), (b), (e) and (g)
1228 M/s. Adama India Private Limited Gujarat

CSR activities, as per Companies (CSR Policy) Rules, 2014 are those activities excluded from normal course of business of the applicant and therefore not eligible for ITC, as per Section 16(1) of the CGST Act.

GUJ/GAAR/R/44/2021 dated -11/08/2021

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97(2) ( d )
1229 M/s. Kababhai Popatbhai Savalia (Shreeji Earth Movers) Gujarat

GST rate on subject supply is 18% for services supplied by the sub-sub-contractor to sub-contractor M/s Radhe and supply merits entry at Heading 9954, Entry No 3(ii) of Notification No.11/2017-CT(R) dated 28-6-17.

GUJ/GAAR/R/43/2021 dated -11/08/2021

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97(2) ( a ) ( e )
1230 M/s. Petronet LNG Ltd. Gujarat

Petronet’s activity of re-gasification of LNG owned by its GST registered customers amounts to rendering of service by way of Job Work and merits to be covered at  entry ‘id’ of Heading 9988 at Sl. No. 26 of Notification No. 11/2017-CT (rate) dated 28.06.2017, as amended, liable to CGST at 6% .

GUJ/GAAR/R/40/2021 dated - 11/08/2021

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97(2) (a)(b)