माल और सेवा कर परिषद Goods & Se₹vices Tax Council

1. ITC on GST paid on canteen facility is blocked credit under Section 17 (5)(b)(i) of CGST Act and inadmissible to applicant.

2. GST, at the hands on the applicant, is not leviable on the amount representing the employees portion of canteen charges, which is collected by the applicant and paid to the Canteen service provider.

Whether the Applicant, having undertaken the Construction of their New Administrative Office, will be eligible for the ITC of following:

(i)        Central Air Conditioning Plant (Classified & Grouped under “Plant & Machinery”)

(ii)       New Locker Cabinet (Classified & Grouped under “Locker Cabinets”)

(iii)      Lift (Classified & Grouped under “Plant & Machinery”)

(iv)      Electrical Fittings, such as Cables, Switches, NCB and other Electrical Consumables Materials (Classified & Grouped under Separate Block namely "Electrical Fittings")

(v)        Roof Solar (Classified & Grouped under “Plant & Machinery”)

(vi)      Generator (Classified & Grouped under “Plant & Machinery”)

(vii)     Fire Safety Extinguishers (Classified & Grouped under “Plant & Machinery”)

(viii)    Architect Service Fees (Charged to Profit & Loss Account)

( ix) Interior Designing Fees (Charged to Profit & Loss Account).

(1) Whether the tax invoice dated 01.04.2020 issued by the supplier of service for the rental service supplied for the period 01.04.2018 to 31.03.2019 is hit by the limitation for claiming ITC under sub-section (4) of Section 16 of the CGST/SGST Act, 2017?
(2) If the applicant avails ITC on such invoice after 01.04.2020 and before filing GST return for September 2021/Annual Return for 2020-2021, whether it amounts to violation of condition stipulated under sub-section (4)?

1. Whether the “Tertiary Treated Water” supplied by the applicant to Maharashtra State Electricity Generating Co. Ltd. (MAHAGENCO) is taxable under the GST law?
2. If yes, what will be the rate of GST?

1. In view of the construction services provided by the applicant to APIIC, whether the applicant is eligible to avail the concessional rate of GST at 12% as prescribed in Sl.No.3 (vi) of the Notification no. 11/2017- Central Tax (Rate) dated 28.06.2017, as amended by?
2. If not, what is the appropriate rate and classification of GST to be charged by the applicant?

1. In view of the construction services provided by the applicant to APIIC, whether the applicant is eligible to avail the concessional rate of GST at 12% as prescribed in Sl.No.3 (vi) of the Notification no. 11/2017- Central Tax (Rate) dated 28.06.2017, as amended by?
2. If not, what is the appropriate rate and classification of GST to be charged by the applicant?

a.Whether the beverages or drinks sold in the name and style of ARTOS orange or ARTOS Clear Lemon fall under fruit pulp or fruit juice based drink or not (2202 9920), which is liable to be taxed at 6% CGST and 6% SGST?
b. If not, under what classification the above goods fall and what is the applicable rate of tax to be charged on the outward supplies?

Whether the transaction of hiring/leasing of buses by the APSRTC to the Public Transport Division (PTD) of Government of Andhra Pradesh is eligible for the exemption under Entry 22 of Notification No: 12/2017 Central Tax (Rate).

Advance Ruling No. GUJ/GAAR/R/11/202 dated 20-01-21 void ab-initio in terms of Section 104 of CGST Act.

The goods are classified as Lassi at HSN 040390 and is exempt from GST.