Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1251 M/s Sheen Electroplaters Private Limited Karnataka

a. What is the GST Rate applicable for Job work service?
b. Whether if falls under entry (id) Services by way of job work other than (i), (ia), (ib) and (ic) above; @ GST 12% or (iv) which covers "Manufacturing Services on physical inputs owned by others @ GST 18%?

KAR/ADRG- 53/2021 dated 29.10.2021

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97(2) (b)&(e)
1252 M/s GOLDEN HATCHERIES Karnataka

1. What is the rate of tax on various items and equipment which are used in the construction of Poultry Farm on immovable property?
2. What is the HSN code on transferred of poultry farm equipment and others involved execution of works on immovable property?

KAR/ADRG- 61/2021 dated 29.10.2021

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97(2) (e)
1253 M/s Genesis Trade Karnataka

a. Whether provision of service to foreign buyer over the matil and mobile communication is chargeable in India?
b. If Chargeable to tax then at what rate?But the Applicant requested to permit them to withdraw the application filed for advance ruling vide their letter dated 05.10.2021.

KAR/ADRG- 51/2021 dated 29.10.2021

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97(2) (e)
1254 M/s Polyhydron Systems Private Limited Karnataka

Whether the classification of Hydraulic Power Pack falling under HSN 8412 of Customs Tariff Act, 1975 as adopted to GST can be treated as "Part of heading 8906" attracting 5% IGST  (2.5% CGST + 2.5% KGST) as per Schedule I (Sr. No.252) of Notification No.01/2017 Central Tax (Rate) dated 28.06.2017 or not?But the Applicant, prior to the opportunity of hearing, vide their letter dated 24.08.2021, requested this authority to permit them to withdraw their application, quoting the reason that their business model has been changed and they do not require the ruling and the applicant has discharged the fee of Rs.5,000/- under KGST Act 2017 only and hence the instant application is liable for rejection under section 98(2) of the CGST Act 2017.

KAR/ADRG- 50/2021 dated 29.10.2021

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97(2) (a)&(b)
1255 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Application filed by applicant was withdrawn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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1256 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)
1257 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)
1258 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)
1259 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)
1260 M/s RAHUL GOYAL, 71-A, Vivek Vihar, New Sanganer Road, Jaipur, Rajasthan-302019 Rajasthan

Whether the services under consideration will be covered under entry 1 of schedule III of RGST/ CGST Act or not?

RAJ/AAR/2021-22/28 Dated 25.10.2021

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97(2)(e)