Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1871 M/s Jinmagal Corporation Gujarat

1. Whether the one time long term lease premium payable/paid by the Jinmangal Corporation to Ahmedabad Urban Development Authority is supply and thus liable to pay tax as pr Section7?

2. Whether Jinmagal Corporation is required to discharge pay tax under Reverse Charge Mechanism in accordance to Section 9(3) on one time lease premium payable to AUDA in light of notification No. 13/2017 as amended by 05/2019.

3. Whether the annual lease premium Payable/paid by the applicant is supply?

4. Whether Jinmangal Corporation is required to discharge/tax under Reverse Charge Mechanism in accordance to Section 9(3) on one time lease premium payable to AUDA in light of Notification No. 13/2017 as amended by Not. No. 05/2019.

GUJ/GAAR/R/64/2020dated 17.09.2020

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97(2)(b)&(e)
1872 M/s. Jayant Food Products Gujarat

Question: Under which tariff Heading PAPAD of different shapes and sizes manufactured/ supplied by the applicant would attract CGST and SGST? ‘Un-fried Fryums’ 18% (CGST 9% + GGST 9% or IGST 18%)

GUJ/GAAR/R/65/2020dated 17.09.2020

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97(2)(a)&(e)
1873 M/s. Jayant Snacks and Beverages Pvt. Ltd., Gujarat

Question: Under which tariff Heading PAPAD of different shapes and sizes manufactured/ supplied by the applicant would attract CGST and SGST? ‘Un-fried Fryums’ 18% (CGST 9% + GGST 9% or IGST 18%)

GUJ/GAAR/R/67/2020dated 17.09.2020

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97(2)(a)&(e)
1874 M/s Rachna infrastructure Pvt. Ltd Gujarat

Q.1 Whether said service can be classified under Tariff Heading 9973 as item No. (iii) Transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash deferred payment or other valuable consideration. Or item No. (viia) Leasing or renting of goods as any other service under the said chapter?

Q.2 What shall be the rate of GST on given services provided by State of  Gujarat to applicant for which royalty is being paid?

18% GST (9% CGST+ 9% SGST).

GUJ/GAAR/R/68/2020dated 17.09.2020

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97(2)(a),(b)&(e)
1875 M/s Sterling Accuris Wellness Pvt. Ltd. Gujarat

1. Whether the applicant i.e. M/s. Sterling Accuris Wellness Pvt. Ltd is liable to pay GST on pathology or diagnostic services supply to the client who is researcher.

2.  Whether any particular thing done by the applicant with respect to services amounts to or results in a taxable supply of services within the meaning of them.

3.Whether any pathology or diagnostic services supplied to clinical research organization including govt. body for their business activities (including survey of particular thing pertaining to health care service) amount to or results in taxable supply of services.

GUJ/GAAR/R/69/2020dated 17.09.2020

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97(2)(b),(e)&(g)
1876 M/s. Stovec Industries Ltd. Gujarat

Question 1. Whether, in the facts and circumstances, the specified transaction of the Applicant should be categorized as individual supply or composite supply of service as per the Central Goods and Services Tax Act, 2017 and the Gujarat Goods and Services Tax Act, 2017?

Question 2. Whether, in the facts and circumstances, the specified transaction of the Applicant is to be reckoned as being provided to SPA or to the customers of SPA located in India?

Question 3. - Whether, in the facts and circumstances, the specified transaction of the Applicant could be categorized as that of an “intermediary” as per Section 2(13) of The Integrated Goods and Service Tax Act, 2017?

Question 4. - Whether, in the facts and circumstances, the specified transaction qualifies to be “Export of service” as per Section 2(6) of The Integrated Goods and Services Tax Act, 2017?

GUJ/GAAR/R/70/2020dated 17.09.2020

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97(2)(e)&(g)
1877 Midcon Polymers Pvt. Ltd. Karnataka

1.For the purpose of arriving at the value of rental income, whether the applicant can seek deduction of property taxes and other statutory levies.
2. For the purpose of arriving at total income from rental, whether notional interest on the security deposit should be taken into consideration.3.Whether the applicant is entitled for exemption of tax under the general exemption of Rs.20 lakhs.

KAR/ADRG/48/2020 dated 16-09-2020

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97(2)(c)
1878 M/s B and R & Co Madhya Pradesh

Is Entry Tax allowing under Tran-1 provision of MPGST?

MP/AAR/16/2020 Dated 15.09.2020

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97(2) (d)
1879 M/s Essel Mining & Industries Ltd Madhya Pradesh

Whether the upfront payment made by the applicant to the State Government is in the nature of Deposit in terms of section 2(31) of the MP GST Act, 2017 or is in the nature of the advance paid, to determine the time of supply in terms of Section 13(3) of the MP GST Act, 2017?

MP/AAR/15/2020 Dated 15.09.2020

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97(2) (c)
1880 Durga Projects and Infra Structure Private Limited Rectification of mistake order (ROM) No 03/2020 Karnataka

Rectification order passed under section 102 of the CGST/KGST Act 2017

dated 11-09-2020

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