Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
2531 Tata Projects Limited Tamil Nadu

1.Whether supply of Engineering, Procurement and Construction(EPC) contract for establishment of Fluids Servicing System where in both goods  and services are supplied can be construed to be a composite supply in terms of Section 2(30) of CGST Act, 2017.

2. If Yes, Whether the Principal Supply in such case can be said to be “ Establishment of Fluids Servicing System(FSS)” can be taxable at 5% GST vide notification No.45/2017- Central Tax(Rate) dated 14/11/2017.

3. If Principal Supply taxable at 5%, whether the entire transaction in the contract is taxed as per the rate applicable to Principal Supply?

TN/17/AAR/2019 DATED 16.04.2019

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97 (2) (a)
2532 Laxmi Rubber Industries Rajasthan

Considering Note No. 1, 2, 3 of Section XVI and Note No. 2 of Chapter 84, whether based on rules of interpretation of HS codes, the items made of vulcanized rubber like Rubber Ring/GASKET/Seal, Rubber Foot Batten Washer and Rubber Grommets falling under the heading 4016 are taxable as specific rubber items having a GST rate of 18% or as components of sprinkler/Drip irrigation system having a tax rate of 12% under heading 84249000. It is pertinent to note that these items are designed and shaped that these can be used only in sprinkler/drip irrigation equipment and have no other use.

RAJ/AAR/2019-20/02 dated 16.04.2019

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97(2)(a)
2533 Udyog Mandir Rajasthan

·   Will Khadi readymade garments to be included under the entry of Khadi fabric under chapter 50 to 55 of GST classification?
·   If not, then what is the correct classification and rate of tax on Khadi readymade garments?

RAJ/AAR/2019-20/01 dated 16.04.2019

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97(2)(a)
2534 Alekton Engineering Industries Pvt. Ltd. Tamil Nadu

Whether the Triple Screw Pumps & Parts thereof falling under Chapter Heading 8413 can be treated as Parts of HSN 8901,8902,8904,8905,8906,8907 attracting
• IGST 5% as per Schedule I (SI. No. 252) of Notification No.1/2017-Integrated Tax (Rate) dated 28.06.2017 or not?
• CGST 2.5% + SGST 2.5% as per Schedule I (SI.No. 252) of Notification No.1/2017- Central Tax (Rate) dated 28.06.2017 or not?

TN/18/AAR/2019 DATED 16.04.2019

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97 (2) (a)
2535 Daimler Financial Services India Private Limited Tamil Nadu

Whether the interest subvention income received by Daimler Financial Services India Private Limited(DFSI) from Mercedes-Benz India Private Limited(MB India) to reduce the effective interest rate to the final customer is chargeable to GST?

TN/16/AAR/2019 DATED 15.04.2019

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97 (2) (e)
2536 V. V. Enterprises Private Limited Tamil Nadu

i. Whether in the facts and circumstances of the case and in view of the fact that Automatic Electric Filter Coffee Maker fall under Chapter Heading No. 8419 of the GST tariff and therefore SI. No. 320 of Schedule III to notification No.  41/17 CTR dated 14.11.2017 and corresponding SI.NO. 320 of Schedule III to G.O. M.s.No. 157 dated 14.11.2017 to be taxed at the rate of 18%.
ii. Whether in the facts and circumstances of the case and in view of the fact that Automatic Electric Filter Coffee Maker is a machinery not meant for domestic use and will therefore be classified under Chapter Heading No.  8419 of GST tariff to be charged at the rate of 18%.
iii. Whether in the facts and circumstances of the case and in view of the fact that, Manual/Traditional Filter Coffee Maker, being not meant for domestic use and falling under Chapter Heading No. 8419 of GST tariff SI. No. 320 of Schedule III to Notification No. 41/17 CTR dated 14.11.2017 and corresponding SI. NO. 320 of Schedule III to G.O. Ms. No. 157 of 2017 is to be taxed at the rate of 18%.

TN/15/AAR/2019 DATED

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97 (2) (a)
2537 Gandhar Oil Refinery (India) Limited Maharashtra

1:- Whether the applicant requires registration in each State separately?              

2 :- Whether the applicant can adopt the procedure to raise the invoice from Mumbai Head Office/Registered Office at Mumbai for imports received at various ports, located in various states in India and charge IGST from Mumbai to our customers in various state is proper or not.                                                

3 :- If we cancel separate registration in various state can we do the transaction on Mumbai Head Office GSTN, then in case of issuance of E - way bill is it correct to mention the GSTN of Mumbai and mention dispatch place of port of respective state/port

GST-ARA-112 /2018-19/B- 40 Mumbai dated 15.04.2019

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97(2)(f)
2538 City And Industrial Development Corporation Of Maharashtra Limited Maharashtra

1)    Whether the supply of services by  the applicant, of ‘transfer by way of lease’ of vacant plots of ‘Maharashtra State Government owned lands’ or  ‘privately owned lands acquired under the Land Acquisition Act, 1894 by the Maharashtra State Government’ vested in CIDCO, to: (a) Navi Mumbai Municipal Corporation(‘NMMC’), for intended development thereof and construction of buildings by the latter on each of those plots, demarcated for separate use as:
(i) Indoor Recreation Centre,
(ii) Slaughter House;

(b) Panvel Municipal Corporation(‘PMC’), for intended development thereof and construction of buildings by the latter on each of those plots, demarcated for separate use as:
(i) PMC Ward Office(s),
(ii) PMC Commissioner’s residence, and
(iii) PMC Mayor’s residence; can be said to covered within the scope of entry at Sr.  3 or any other entry of the Notification  12/2017-Central Tax (Rate) dated 28.06.2017 as amended by Notification  32/2017-Central Tax (Rate) dated 13.10.2017, 47/2017-Central Tax (Rate) dated 14.11.2017 further amended by Notification  02/2018-Central Tax (Rate) dated 25.01.2018 read with parallel notifications issued under the MGST Act, 2017? Please note that each allotment of plot for specific use would be a different transaction of supply of service by CIDCO.

GST-ARA- 111/2018-19/B- 39 Mumbai dated 13.04.2019

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97(2)(a)& (e)
2539 M/s. Concepts India Haryana

1.What is the rate of tax and HSN Code for non-woven bags made of polypropylene value below Rs. 1000 per unit?
2.Does it fall under Chapter 63 Heading 6305?

HAR/HAAR/2018-19/50 dated 10.04.2019

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97(2)(a)
2540 M/s. BMW India Pvt. Ltd. Haryana

1.Whether certain customized lifestyle goods procured by BMW India either from a third party local supplier or imported from outside India for supply of goods during promotion/marketing events organized by the company will qualify as used in the course or furtherance of business in term of the provisions of the Central Goods and Services Tax Act, 2017 (“CGST Act”)?
2.Whether the company is eligible to avail input tax credit for such goods supplied under the marketing events in terms of the CGST Act, 2017?

HAR/HAAR/2018-19/49 dated 10.04.2019

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97(2)(d)