Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
2161 M/s. Sincere Marketing Services (P) Ltd. Haryana

1.  Whether supply of chassis mounted with bus body, shall be treated as a supply of bus or separate supplies of the following:-
(i)   Supply of chassis, taxable at the rate 28% as per the prescribed HSN; and
(ii)   Provision of services in respect of activity of mounting/fabricating of bus body on the chassis wherein the said activity of mounting/fabricating is outsourced by the Applicant to the body builder.
2.  Whether the supply of chassis and the provision of services in respect of activity of mounting/ fabrication under two separate contracts to the same customer should be treated as supply of bus or as separate supplies of the following:-
(i)    Supply of chassis, taxable at the rate 28% as per the prescribed HSN; and
(ii)   Provision of services in respect of activity of mounting/fabricating of bus body on the chassis wherein the said activity of mounting/fabricating is outsourced by the Applicant to the body builder. 
3.  Whether the recovery of the bus body building charges incurred by the Applicant on behalf of customer in capacity of an agent, should be covered in the ambit of Schedule I of Central Goods and Services Tax Act, 2017 (CGST Act, 2017) and leviable to GST. If the answer to the said question is in adverse, whether the recovery of the bus body building charges incurred by the Applicant on behalf of the customer in capacity of an agent, will be leviable at the rate of 18% as supply of services?

HAR/HAAR/2019-20/07 dated 13.09.2019

application-pdf(Size: 7.5 MB)

97(2)(g)
2162 M/s. Ashiana Maintenance Services LLP Haryana

1.  Whether the supply of water to individual units in the project under the MOU is a separate supply of goods or is composite/mixed supply with that of maintenance services?
2.  If such supply is a separate supply of goods, what is the appropriate rate of GST chargeable thereon?

HAR/HAAR/2019-20/08 dated 13.09.2019

application-pdf(Size: 9.4 MB)

97(2)(a), (e) & (g)
2163 S.R.K Ladders Karnataka

Classification of the goods manufactured by the dealer “Agriculture Tree Climbing Apparatus-Unipole Manually operated” - Principal raw material being Aluminium.

KAR/AAR/29/2019-20 dated 12.09.2019

application-pdf(Size: 2.27 MB)

97 (2) (a)
2164 Infinera India Private Limited Karnataka

Whether the activities carried out in India by the applicant would render the applicant to qualify as an “intermediary” as defined under Section 2(13) of the Integrated Goods and Services Tax Act, 2017 (hereinafter “IGST Act, 2017”) and consequently be subject to the levy of GST?

KAR/ADRG/31/2019 dated 12-09-2019

application-pdf(Size: 7.07 MB)

97 (2) (a)
2165 Ansys Software Private Limited Karnataka

a) Whether Marketing & Pre-Sales Technical Support Services provided by the applicant will be classified as Intermediary services in terms of Section 2(13) of the Integrated Goods and Services Tax Act, 2017?

b) Whether the Post- Sales Technical Support Services provided by the applicant would be classified as Information Technology Support Services falling under HSN Code 998313?

KAR/AAR/30/2019-20 dated 12.09.2019

application-pdf(Size: 8.49 MB)

97 (2) (a)
2166 Surfa Coats India Private Limited Karnataka

Whether the applicant is eligible to claim the GST Input tax credit on the items purchased for furtherance of business?

KAR/AAR/28/2019-20 dated 12.09.2019

application-pdf(Size: 2.93 MB)

97 (2) (d)
2167 Karnataka co-Coperative Milk Producers Federation Limited.kmf Karnataka

“Whether KMF is liable to deduct GST TDS under section 51 of CGST Act on the payments made to suppliers.”

KAR/AAR/27/2019-20 dated 12.09.2019

application-pdf(Size: 2.99 MB)

97 (2) (b)
2168 Shri Keshav Cements and Infra Limited Karnataka

1. Whether the company is eligible to take input tax credit as ‘inputs/capital goods’ or ‘input services’ of the items enlisted in Annexure-4 of this application in terms of Section 16 and 17 of the CGST/ KGST/ IGST Act?  Additionally, whether the capital goods and inputs constitute plant and machinery of the Applicant which are used in the business of Manufacturing Cement and hence not blocked input tax credit under section 17(5) of the CGST/ KGST/ IGST Act?

2. Whether the Applicant Company is permitted to avail the entire input tax credit of the enlisted items in Annexure 4 of this application, being used towards the electric energy generated from the captive power plant and transmitted to the cement manufacturing plants which are physically located at distinct locations within the State of Karnataka in terms of section 17(1) and 17(2) of the CGST/KGST/IGST Act and subsequently utilize the same for payment of output tax on cement sold by the Applicant?

3. Whether the applicant company is required to reverse input tax credit on the electric energy generated by it at its plant and banked with the KPTCL, GESCOM & HESCOM and which is unutilized at the end of sic months from the date of banking and is deemed to be consumed by KPTCL, GESCOM and HESCOM at the end of six months?

KAR/AAR/26/2019-20 dated 12.09.2019

application-pdf(Size: 6.56 MB)

97 (2) (d)
2169 Hical Technologies Private Limited Karnataka

Whether the value of free of cost supplies by the principal is included in the value of supply by the job worker?

KAR/AAR/25/2019-20 dated 12.09.2019

application-pdf(Size: 7.64 MB)

97 (2) (c)
2170 Banayan Tree Advisors (p) Limited Karnataka

Whether they need to charge GST on the Portfolio Management Services provided to Non-resident client, where the client pays fee in foreign currency from their overseas account to the account of the Portfolio manager?

KAR/AAR/24/2019-20 dated 12.09.2019

application-pdf(Size: 3.19 MB)

97 (2) (e)