Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
2331 Fulcrum Info Services LLP, Karnataka

a) Whether the back-end support services provided by the applicant to the Juniper Inc. under the agreement would be classified as ‘Support Services’ under the Tariff Heading 9985 of Notification 11/2017 – Central Tax (Rate) dated 28.06.2017?
b) Whether the services in question would be treated as Intermediary services or not?

KAR/AAR/55/2019-20 dated 19.09.2019

application-pdf(Format: pdf, Size: 7.89 MB)

97 (2) (a)
2332 Parker Hannifin India Pvt. Ltd Karnataka

a) Whether filters manufactured solely and principally for use by/ in Indian Railways and supplied directly to Indian Railways are classifiable under HSN Heading 8421 or under HSN Heading 8607 of the Customs Tariff (which has been borrowed for classification purposes under GST regime)?
b) Whether the aforementioned classifications of subject goods i.e. filter alter if identical goods are supplied to a distributor instead of Indian railways directly, and the distributor in turn effects supply to Indian railways?

KAR/AAR/54/2019-20 dated 19.09.2019

application-pdf(Format: pdf, Size: 10.68 MB)

97 (2) (a)
2333 V.S.T Tillers Tractors Ltd. Karnataka

Whether the applicant is right in classifying certain components, spares and accessories with HSNs under reference applicable to Tractors, Tillers and other farm equipments though such goods are sold to them under different HSNs attracting peak rate due to certain constraints.

KAR/AAR/53/2019-20 dated 19.09.2019

application-pdf(Format: pdf, Size: 5.36 MB)

97 (2) (e)
2334 S.K. Aagrotechh Karnataka

Whether “Pooja oil” can be classified under tariff item 1518 of Schedule-I (taxable at 5%.) or Schedule-II (taxable at 12%) of Notification No.01/2017-CT(R) dated 28.06.2017, as amended from time to time?

KAR/AAR/49/2019-20 dated 18.09.2019

application-pdf(Format: pdf, Size: 2.27 MB)

97 (2) (a)
2335 Toyota Tsusho India Private Ltd Karnataka

a) Whether the restriction introduced by Notification No. 3/2018 – Central tax (later substituted by Notification No.39/2018- Central Tax dated 04.09.2018 retrospectively from 23.10.2017) on claiming refund of IGST paid on export of goods by inserting Rule 96(10) is applicable only on such export of goods for which corresponding inward supplies were procured at a concessional rate of 0.10% GST under Notification No. 40/2017- Central Tax (Rate), thereby holding that such restriction on IGST refund does not apply on export of goods which were procured on full payment of GST?
b) Alternatively, whether the above restriction prohibits refund of IGST paid in its entirety even on such exports where the goods have been procured on payment of full rate of GST by the person who procures only a small quantity of goods at concessional rate of 0.10% GST under Merchant Export Scheme as provided under Notification No. 40/2017- Central Tax (Rate)?

KAR/AAR/52/2019-20 dated 18.09.2019

application-pdf(Format: pdf, Size: 6.05 MB)

97 (2) (b)
2336 Yashaswini Enterprises Karnataka

Whether the transaction of the applicant  relating to execution of the works contract  pertains to  energised borewells  is it covered under article 243G of the Constitution, their supply is meant to the Government Entity and hence it is exempted under Sl.No.3A of Notification No. 2/2018 – Central Tax (Rate) dated 25/01/2018.  Thus the applicant contends that their activity / service is taxable at NIL rate or not ?

KAR/AAR/51/2019-20 dated 18.09.2019

application-pdf(Format: pdf, Size: 4.21 MB)

97 (2) (b)
2337 N Ranga Rao & Sons Pvt Ltd Karnataka

(a) Whether the applicant is eligible to claim refund of accumulated input tax credit on both inputs and input services where a scenario of inverted duty structure exists?
(b) Whether the provisions of Notification No. 21/2018-Central Tax dated April 18, 2018 and Notification No. 26/2018-Central Tax dated June 13, 2018 are applicable to the applicant?

KAR/AAR/50/2019-20 dated 18.09.2019

application-pdf(Format: pdf, Size: 4.7 MB)

97 (2) (b)
2338 Intek Tapes Private Limited Karnataka

What is the “Applicable rate of tax on supply of Kapton Polyimide Film Adhesive Tape to Indian Railways for use in its railway locomotives”.

KAR/AAR/44/2019-20 dated 17.09.2019

application-pdf(Format: pdf, Size: 3.18 MB)

97 (2) (a)
2339 Prestige South Ridge Apartment Owners Karnataka

1) Whether the activity of procuring Goods and Services from third parties for upkeep and maintenance of Apartments and collecting the monies from its members to pay third party vendors is an activityliabletoGST?

2) If liable to GST, whether the exemption  entry no 77 of notification 12/2017 Central Tax (Rate) dated 28.06.2017 apply for maintenance charges collected frommembers?

3) If exemption is available, whether it is available on per member basis or per flat basis, as somememberscouldhavemorethanoneflat?

4) Whether the exemption as per entry no 77 of Notification 12/2017 Central Tax (Rate) is a standard exemption that can be claimed irrespective of amount collected towards maintenance? i.e. if maintenance charges from a member for a month is Rs 10,000/-, whether Rs 10,000/- liable to GST or Rs 2,500/- (Rs 10,000 – 7,500) liable to GST?

5) Whether the electricity charges paid to BESCOM (Electricity supply authority) for the power consumed towards common facilities and separately recovered from members, liable to GST?

6) Whether the Corpus/Sinking Fund collected from members liable to GST?

KAR/AAR/42/2019-20 dated 17.09.2019

application-pdf(Format: pdf, Size: 4.98 MB)

97 (2) (b) (e) (g)
2340 Pattabi Enterprises, Karnataka

1. Whether ‘Access Card’ printed and supplied by the applicant i.e. Pattabi Enterprises based on the contents provided by their customers is rightly  classifiable under HSN code 4901 10 20 under the description brochures, leaflets and similar printed matter whether or not in single sheet.
2. Whether ‘Access Card’ printed and supplied by the applicant i.e., Pattabi Enterprises based on the contents provided by their customers is rightly  classifiable under HSN code 4901 10 20 under the description brochures, leaflets and similar printed matter whether or not in single sheet  and attracts GST rate of 5% in case of IGST and 2.5% CGST and 2.5% SGST in case of Intra State supplies.  Vide Notification No. 1/2017-CT (Rate) Sl.No. 201 & 1/2017-IT (Rate) Sl.No.201 dated. 28.06.2017 and SGST/UTGST Notifications.

KAR/AAR/46/2019-20 dated 17.09.2019

application-pdf(Format: pdf, Size: 2.67 MB)

97 (2) (a) (b)