Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1811 Haryana Power Generation Corporation Ltd. Haryana

1.   Whether coal rejects to be disposed of by way of sale at very nominal price by the power plants of the applicant attracts levy of compensation cess @ Rs. 400/- per MT?
2.   Whether coal rejects to be supplied by the power plants of the applicant is covered under HSN 2701 for levy of compensation cess @ Rs. 400/- per MT?
3.   Whether coal rejects to be disposed of by way of sale at very nominal price the power plants of the applicant is covered for exemption from compensation cess vide Notification No. 01/2017-Compensation cess (Rate) dated 28.6.2017 vide S. No. 41A?
4.    Whether coal rejects to be disposed of by way of sale at very nominal price the power plants of the applicant is covered under any other exemption notification for exemption from levy of compensation cess?

HAR/HAAR/2019-20/20 dated 28.02.2020

(Size: 2.76 MB)

97(2)(b)
1812 M/s Cosme Costa and Sons Goa

1. Classification of Royalty Payment, and the rate of GST applicable on extraction of iron.            

2. Taxability and Classification for payment made towards National Mineral Exploration Trust(NMET) Fund, District Mineral Foundation (DMF) Fund, Goa Mineral Ore Permanent Fund Trust (GMOPET) and if held in affirmative, rate at which GST is Payable  in relation to extraction of iron

GOA/GAAR/04 OF 2019-20/3118 dated 28.02.2020

(Size: 1.24 MB)

97(2)(a)
1813 M/s VenbakkamCommandurJanardhanan, (Propreitor M/s Law Weekly Journal ) Tamil Nadu

1. Whether the assessee/dealer which publishes law journals in print and sells the same content that is in books in an electronic form in DVD’s/CD’s with a software to search and read it in computers and hand held devices come under the category of ‘E-book’, so that it can avail the benefit of notification dated 26.07.2018 in respect of E-book? 
2.  Whether the liability on the sale of DVD/pen drive which contains printed version of law citations can be adjusted against the available ITC?
3. Whether the liability on sale of e-book of printed version of law citation can be adjusted against the available ITC?
4. Whether the balance of ITC after adjustment accrued on the purchase of paper and other material can be reversed while filing GSTR 9?

TN/13/AAR/2020 dated 27.02.2020

(Size: 1.66 MB)

97(2)(b)
1814 M/s S.607 Namakkal Agricultural Producers Co-operative Marketing Society Ltd., Namakkal Tamil Nadu

1. Whether there is any purchase/sale involved in the process of auction of agricultural produce (cotton) conducted by the Namakkal  Agricultural Producers  Co-operative Marketing Society?
2. Whether our Society is liable to pay tax under Reverse Charge Mechanism in the capacity of being an auctioneer?
3. Whether service tax payable on receipt of Commission, Godown rent, Interest, in respect of service provided to agricultural produce?
4. Whether or not the merchants (Registered person) who directly purchase cotton from the agriculturist through auction conducted by the society is liable to pay tax on the basis of Reverse Charge Mechanism

TN/12/AAR/2020 dated 27.02.2020

(Size: 1.26 MB)

97(2)(e)
1815 M/s S.318 Rasipuram Agricultural Producers Co-operative Marketing Society Ltd., Tamil Nadu

1. Whether there is any purchase/sale involved in the process of auction of agricultural produce (cotton) conducted by the Rasipuram Agricultural Producers              Co-operative Marketing Society?
2. Whether our Society is liable to pay tax under Reverse Charge Mechanism in the capacity of being an auctioneer?
3. Whether service tax payable on receipt of Commission, Godown rent, Interest, in respect of service provided to agricultural produce?
4. Whether or not the merchants (Registered person) who directly purchase cotton from the agriculturist through auction conducted by the society is liable to pay tax on the basis of Reverse Charge Mechanism?

TN/11/AAR/2020 dated 27.02.2020

(Size: 1.26 MB)

97(2)(e)
1816 M/s The Tiruchengode Agricultural Producers Co-operative Marketing Society Ltd., Tiruchengode Tamil Nadu

1.Whether there is any purchase/sale involved in the process of auction of agricultural produce (cotton) conducted by the Tiruchengode Agricultural Producers  Co-operative Marketing Society?
2. Whether our Society is liable to pay tax under Reverse Charge Mechanism in the capacity of being an auctioneer?
3. Whether service tax payable on receipt of Commission, Godown rent, Interest, in respect of service provided to agricultural produce?
4. Whether or not the merchants (Registered person) who directly purchase cotton from the agriculturist through auction conducted by the society is liable to pay tax on the basis of Reverse Charge Mechanism?

TN/10/AAR/2020 dated 27.02.2020

(Size: 1.29 MB)

97(2)(e)
1817 M/s PANBASE Resources Pvt. Ltd. Maharashtra

Whether the "Commission" received by the Applicant in the convertible foreign exchange for rendering services as an "Intermediary" from overseas clients, on account of....
a.  Trade in goods between an exporter abroad receiving such services and an Indian importer of goods, is an "export of services” falling under Section 2(6) & outside the purview of Section 13(8) (b), attracting zero-rated tax under Section 16 (1) (a) of the Integrated Goods and Services Tax Act, 2017?
b.  If the answer to the question above is in the negative, whether the impugned supply of service forming as integral part of the cross-border sales/purchase of goods, will be treated as an "intra -state supply" under Section 8(1) of the IGST Act read with Section 2(65) of the MGST Act. Attracting CGST/MGST? And at what rate? 

GST/ARA/74/2019-20/B-22 , Mumbai, dated 25.02.2020

(Size: 1.04 MB)

97(2)(e)
1818 M/s. Halliburton Offshore Services Inc. (Drill Bits) Andhra Pradesh

1.Whether the import of drill bits for supply to ONGC at its location in India on consumption basis involves two supplies namely,

-  Import into India of drill bits; and

-  Indigenous movement from the port of import to ONGC’s location.

2.If two supplies are involved in the abovementioned transaction then whether two Essentiality Certificates (‘EC’) are required to be issued i.e.

-  one for import of drill bits into India under serial no. 404 of Notification No. 50/2017-Customs, dated 30 June 2017; and

-  another for indigenous movement under Notification No. 3/2017-Central Tax (Rate), dated 28 June 2017 respectively.

3.If answer to (a) above is no then whether the supply of drill bits to ONGC in India will be covered by serial no. 404 of Notification No. 50/2017-Customs dated 30 June 2017 (i.e. under single EC) and no two separate ECs are required.

AAR No.07/AP/GST/2020 dated:25.02.2020

(Size: 1.08 MB)

97(2)(a)
1819 Hyco Enterprises Haryana

1.    To clarify the classification of foot/ floor mats which are designed to be used solely and principally only by motor vehicle manufacturers as par and accessories of motor vehicle and are made of Carpets falling under Chapter 57.
2.    To clarify the classification of foot/ floor mats which are designed to be used solely and principally only by motor vehicle manufacturers as par and accessories of motor vehicle and are made of PVC Plastic falling under Chapter 39.
3.    To clarify the classification of foot/ floor mats which are designed to be used solely and principally only by motor vehicle manufacturers as par and accessories of motor vehicle and are made of top layer of carpets falling under Chapter 56 and lower layer of PVC Plastic falling under Chapter 39.

HAR/HAAR/2019-20/21 dated 25.02.2020

(Size: 903.8 KB)

Nil
1820 M/s Lear India Engineering LLP Maharashtra

1. Whether the design & Development services provided by Lear India to Lear entities  situated aboard would amount to Export of service.

2. Whether the design & Development services provided by Lear India to Lear entities situated aboard would  fall under the category of OIDAR services.

GST/ARA/25/2019-20/B-19 , Mumbai, dated 25.02.2020

(Size: 1.72 MB)

97(2)(e)