Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1241 M/s Devanahalli&HosakoteTaluks MSPC Karnataka

a.Classification of Goods, HSN Code and Rate of Tax on Pushti', a mixture of Ragi, Rice, Wheat, Green gram, Fried gram, Moong dal, and Soya in different proportions.
b.Does Circular No.149/05/2021-GST dated 17.06.2021; apply to MSPC, as MSPC is supplying food to CDFO for which the end user is anganwadicenters.

KAR/ADRG- 56/2021 dated 29.10.2021

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97(2) (a)&(b)
1242 M/s SAS CARGO Karnataka

a. Whether eggs / hatcheries are classified under the AgriculturalProduces/ Products?

b. Applicability of GST on Transportation Services by Rail on Eggs/ hatcheries under GST Act?

KAR/ADRG- 55/2021 dated 29.10.2021

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97(2) (a)&(b)
1243 M/s. Sneha Farms Private Limited Telangana

Application filed by applicant was withdrawn

TSAAR Order No.18/2021 dated 26.10.2021

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1244 M/s. HOTEL OM TUNGA VIHAR Maharashtra

1. When lodging guest orders food from the room (it is called room service also called as in room dining) then what is the rate of GST applicable?

2. What is GST rate applicable on banquet hall?

GST-ARA- 87/2019-20/B-79 Mumbai dated 25.10.2021

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97(2)(b) & (e)
1245 M/s Ekam, (Prop. VINAY SINGH RAWAT), 86 Nityanand Nagar, Vaishali Nagar, Jaipur-302021, Rajasthan Rajasthan

Whether goods proposed to be supplied by the applicant to Indian railways, should be classified as “parts of railway or tramway locomotives or rolling stock; such as Bogies, bissel-bogies, axles and wheels and parts thereof’ (Viz under Heading 8607) for the purposes of levy of GST in terms of Section 9(1) of Central Goods and Services Act 2017 read with notification No. 01/2017-Central Tax (Rate) dated 28.06.2017 as amended by notification No.14/2019-Central Tax (Rate) dated 30.09.2019?

RAJ/AAR/2021-22/26 Dated 25.10.2021

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97(2)(a)
1246 M/s. Geetee Tours Private Limited Maharashtra

Whether Toyota Innova Or Equivalent Vehicles (6 Seater) registered in Tourist Category with All India Tourist Permit provided for Carrying Covid 19 Patients for Medical Treatment would be considered as Taxable Services Or Exempted Services

GST-ARA- 55/2020-21/B-82 Mumbai dated 25.10.2021

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97(2)(a)
1247 M/s. DECCAN WHEELS Maharashtra

1. How to calculate margin on sale of second hand goods? Whether
A) Margin = Sales price – Purchase price  OR 
B) Margin = Sales price – (Purchase price + Processing cost) 
For ex: We purchased a second hand car for Rs 10, 00,000/-. Incurred minor processing cost of Rs 50,000/- and sold the car for Rs 12, 00,000/-. 
In this case whether margin will be Rs 2,00,000/- (12,00,000-10,00,000) or Rs 1,50,000/- (12,00,000- [10,00,000 + 50,000])? 
If B is correct we cannot claim Input Tax Credit on processing cost incurred but if A is correct can we claim Input Tax Credit on processing cost incurred?

2) Whether tax is to be calculated on margin or the margin is inclusive of tax?
For ex: We purchased a second hand car for Rs 10, 00,000/- and sold it for Rs 12, 00,000/-. The margin is Rs 2, 00,000/-. In this case whether tax amount will be Rs 36,000/- (2, 00,000*18%) or it will be Rs 30,508/- (2, 00,000*18%/118%)?

3) Input Tax Credit 
Can we claim Input Tax Credit on other indirect expenses incurred for the purpose of business such as rent, commission, professional fees, telephone etc.?

4) If in F.Y. 2019-20 our total margin on sale of second hand goods is below Rs 1.5 crores and total sale  value of second hand goods is above Rs 1.5 crores can we opt for composition scheme for F.Y. 2020-21 as  in F.Y. 2019-20 our total margin will be less than Rs 1.5 crores

GST-ARA- 103/2019-20/B-81 Mumbai dated 25.10.2021

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97(2)(d)
1248 M/s.Godavari Marathwada Irrigation Development Corporation Maharashtra

Whether Works contract awarded under the Krishna Bhima stabilization project to be classified under sub-clause (vii) of serial no 3 of Heading 9954 (construction of service) substituted by way of Notification No 31/2017 Central tax (Rate) dated 13th Oct 2017 as amended to original notification 11/2017 – Central Tax (Rate)

GST-ARA- 91/2019-20/B-80 Mumbai dated 25.10.2021

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97(2)(b)
1249 M/s. S.B.Reshellers Pvt.Ltd Maharashtra

1.  The activity of reshelling of old sugar mill rollers whether is treatable as a job work service under SAC 9988 or is treatable as a repair/maintenance service under SAC 9987?

2.  Whether the said activity of reshelling of old sugar mill rollers will attract 12% GST in terms of clause (id) of Sr. No.26 of Notification No.11/2017-CT(R), dt.28.06.2017 or will continue to attract 18% GST as earlier?

GST-ARA- 73/2019-20/B-78 Mumbai dated 25.10.2021

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97(2)(a) & (b)
1250 M/s ADS AGRO INDUSTRIES PRIVATE LIMITED, SP 67, SKS Industrial Area, Reengus, Sikar- 332404, Rajasthan Rajasthan

A. Whether in the facts and circumstances of the case elaborated in body of ground hereunder, DWGS is by-product or residues?
B. Whether “DWGS” is to be classified under Tariff Entry 2309 of GST Tariff?
C. Whether in the facts and circumstances of the case, “DWGS” which is sold as Cattle Feed in the Trade are to be classified under Tariff Entry 2309 of GST Tariff?

RAJ/AAR/2021-22/27 Dated 25.10.2021

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97(2)(a)