Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1951 Shri Bhaveen Ramesh Shah Gujarat

Question: What is the Classification as per HSN and rate of tax in terms of the Notification No.01/2017-Central Tax (Rate) dated 28.06.2017 as amended by the Notification No.18/2018-Central Tax (Rate) dated 26.07.2018 in respect of their products, (i) The Zip Roll (i.e. Slide Fasteners), (ii) Finished Zippers and (iii) Sliders.?

GUJ/GAAR/R/39/2020 dated 03.07.2020

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97(2)(b) & (e)
1952 Nirma University Gujarat

Q.1 Whether Nirma would be eligible for claiming benefit of the exemption for legal services as provided in Sr. No.45 of the Notification No.12/2017-Central Tax (Rate) dated 28th June, 2017, as amended from time to time in respect of procurement of legal services?

Q.2- Whether services provided by Nirma are exempted under S. No. 4 of Notification No.12/2017-Central Tax (Rate)?

Q.3- Whether Nirma is required to be registered as a Deductor under GST as per the provision of Section 24 of the CGST Act?

GUJ/GAAR/R/38/2020 dated 03.07.2020

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97(2)(b)(e) & (f)
1953 Jayshreeben Rameshchandra Kothari Gujarat

    
Q.1 Whether or not, the aforesaid services fall under the scope of clause 5 (f) of the Schedule II to the Central Goods and Service Tax Act, 2017?

Q.2 : Whether or not, the Service related to collection of Hire Charges for temporary transfer of right to use goods from “Central Govt., State Govt. or Union Territory or Local Authority or a Government Authority by way of any activity in relation to any Function entrusted to a Panchayat under Article  243-G of the Constitution or in relation to any function entrusted to a Municipality under Article 243-W of the Constitution” are covered and exempted under the scope of Sr. No. 3 of the Notification No.12/2017-Central Tax (Rate) dated 28.06.2017?

GUJ/GAAR/R/37/2020 dated 03.07.2020

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97(2)(e)
1954 SKG-JK-NMC Associates (JV) Gujarat

Q.1: Whether the said work can be covered under clause 3(v)(a) of the Notification No.11/2017-Central Tax (Rates) dated 28.06.2017 i.e. Works Contract by way of construction, erection, commissioning or installation of original works pertaining to railways so as the entitle it for charging rate of GST@ 12% instead of 18%?

GUJ/GAAR/R/36/2020 dated 03.07.2020

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GUJ/GAAR/R/36/2020 dated 03.07.2020
1955 Tea Post Private Ltd. Gujarat

Q.1. Classification of any goods and services or both for which “Franchisee Fees” and “Royalty” received by the applicant under the FranchiseeAgreement from the franchisee for the right to use its trademark, brandname and other proprietary knowledge(Intellectul Property).

Q.2. Does transfer of an operational outlet (as mentioned in the Description), would amount to “Services by way of transfer of a going concern, as a whole or an independent part thereof”?

Q.3 If the answer to question no. 2 is affirmative then, whether the said services are covered under Sl. No. 2 of the Notification No.12/2017-Central Tax (Rate) dated 28th June, 2017 and exempted from payment of tax?

Q.4 If the answer to Question No.2 is negative then, whether the Input Tax Credit of tax paid on the supplies received at the time of developing the outlet is admissible or not?

GUJ/GAAR/R/35/2020 dated 03.07.2020

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97(2)(a) (b) (d) & (g)
1956 Nishith Vipinchandra Shah Gujarat

Q.1.What is the HSN Code and rate of tax for Plastic Mechanical Liquid Dispenser?

GUJ/GAAR/R/34/2020 dated 03.07.2020

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97(2)(a)
1957 AB N Dhruv Autocraft (India) Pvt. Gujarat

A. Whether the treatment or process of body building by fabrication and other processes carried out on chasis of motor vehicle owned by others is supply of services?

B. If the above stated activity of body building is considered as supply of service in terms of description given at paragraph 3 of Schedule II of the CGST Act, 2017 what will be the rate of GST applicable on such service?

C. What will be the service Code (tariff) for above stated activity of body building carried out on another person’s chasis of motor vehicle?

D. What would be the classification and applicable rate of tax for the activity of accident repairing job on the vehicle supplied by the owner for such job if a lump sum price is charged that includes cost of material and labour?

E. If the above stated activity of body building is not considered as supply of services, what will be the nature of this supply, tariff code and rate of GST for such supply? 

GUJ/GAAR/R/30/2020 dated 02.07.2020

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97(2)(a) & (e)
1958 Giriraj Quarry Works Gujarat

Q.1  What is the classification of service provided in accordance with Notification 11/2017-CT (Rate) dated 28.06.2017 read with annexure attached to it, , for which royalty is being paid.

Q.2   What is rate of GST on given services provided by State of Gujarat to Giriraj Quarry Works for which Royalty is being paid?

GUJ/GAAR/R/32/2020 dated 02.07.2020

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97(2)(a) & (e)
1959 Gujarat Ambuja Exports ltd. Gujarat

The product ‘Maize Bran’ manufactured and supplied by M/s. Gujarat Ambuja Exports ltd. is covered under Entry Sr.No.103A of Notification No.1/2017-Central Tax (Rate) dated 28.06.2017 of the CGST Act, 2017 on which rate of GST chargeable is 5% (2.5% SGST + 2.5% CGST).

GUJ/GAAR/R/24/2020 dated 02.07.2020

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97(2)(a) & (e)
1960 Oswal Industries ltd.( M/s. Nimba Nature Cure Village) Gujarat

The applicant M/s. Oswal Industries ltd. (M/s. Nimba Nature Cure Village) is not eligible to get the benefit of entry No.74 of exemption Notification No.12/2017-Central Tax (Rate) dated 28.06.2017. 

GUJ/GAAR/R/25/2020 dated 02.07.2020

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97(2)(e)