Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
2601 YogirajPowertech Private Limited Maharashtra

1.     Whether EPC Contract for electrical cable supply and laying work can be classified as contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract.

2   Whether these contracts can be classified as works contracts as per GST Law and whether notification no. 11/2017-Central Tax (Rate) dated 28th June 2017 as amended by notification no.01/2018-Central Tax (Rate) dated 25th Jan 2018 is applicable to the present case?

NO.GST-ARA- 47/2018-19/B- 120 Mumbai dated 25.09.2018

application-pdf(Size: 4.02 MB)

97(2)(a) & (b)
2602 M/S Varun Beverages Ltd. Uttar Pradesh

How to transfer the portion of input tax credit as belonging to Sandila unit (covered by the infrastructure & industrial investment policy 2012 of the State of Uttar Pradesh for claiming refund of UP GST component paid in cash in the prescribed percentage of policy), lying in common electronic credit ledger of one common UP registration opted for 7 units including Sandila unit while migrating to the GST regime with effect from July 2017?

UP_AAR_14 dated 24.09.2018

application-pdf(Size: 3.51 MB)

97(2)(d)
2603 KoltePatil Developers Ltd Maharashtra

What is the legal procedure for cancellation of flat which is booked in pre-GST Regime and cancelled in post-GST Regime. Also, GST liability in cases where some small amount is retained, for cancellation (after discussion with customer)

NO.GST-ARA- 40/2018-19/B- 118 Mumbai dated 24.09.2018

application-pdf(Size: 4.79 MB)

97(2)(d)&(e)
2604 NMDC Limited Chhattisgarh

Applicability of GST on royalty paid and determination of the liability to pay tax on contributions made to DMF and NMET.

STC/AAR/09/2018

application-pdf(Size: 5.62 MB)

97(2)(a) & (b)
2605 Compass Group (India) Support Services Private Limited Karnataka

Whether, cooking and subsequent supply of food by the Applicant to educational institutions under Transaction 1 is classifiable as “mess/canteen services” and exigible to GST @ 5%
Whether, cooking and subsequent supply of food by the Applicant in designated premises of its customers other than educational institutions under Transaction 1 is classifiable as “mess/canteen services” and exigible to GST @ 5
Whether, over the counter supply of food & beverages (including MRP Products)  by the Applicant on a stand alone basis in educational institutions under Transaction 2 is classifiable as supply provided by eating joint / mess / canteen etc., and be exigible to GST @ 5% .
Whether, over the counter supply of food & beverages (including MRP Products)  by the Applicant on a stand alone basis in establishments other than educational institutions under Transaction 2 is classifiable as supply provided by eating joint / mess / canteen etc., and be exigible to GST @ 5% in the light of the Circular No.28/02/2018-GST dated 08.11.2018 and Corrigendum dated 18.01.2018.
The Applicant vide their letter dated 10.08.2018 requested to permit them to withdraw the advance ruling application, filed by them on 20.04.2018, stating the reason that all the transactions of the applicant, that were subject matter of the questions raised in the advance ruling application, have been covered, under Notification No.13/2018- Central Tax (Rate) dated 26.07.2018, & are liable to GST @ 5%

22/2018, dt. 19.09.2018

application-pdf(Size: 233.69 KB)

97(2)(a)
2606 Toshniwal Brothers (SR) Private Limited Karnataka

Whether pure and mere promotion and marketing services will be “intermediary services” for the purposes of section 12 of the Integrated Goods and Services Tax Act, 2017 for determining the place of supply of such services?
If after sale support services are also provided under a composite contract, would it then be composite supply? What will be the principal supply for such contracts?
Whether the above contracts would qualify as exports if the client is overseas entity, in terms of clause (6) of section 2 of the Integrated Goods and Services Tax Act, 2017 and will be a zero-rated supply as provided in section 16 of IGST Act, 2017?

23/2018, dt. 19.09.2018

application-pdf(Size: 348.83 KB)

97(2)(a)
2607 SMVD Polypack Pvt. Ltd. West Bengal

Classification of PP Leno Bags made from woven PP fabric.

16/WBAAR/2018-19 Dated 18.09.18

application-pdf(Size: 612.5 KB)

97(2)(a)
2608 Indian Oil Corporation Ltd. West Bengal

Whether input tax credit is admissible on GST paid on freight for transportation of non-taxable petro goods to the export warehouse located in another state.

17/WBAAR/2018-19 Dated 18.09.18

application-pdf(Size: 512.9 KB)

97(2)(d)
2609 Pioneer Partners Haryana

Determination of the liability to pay tax on any goods or services or both? Whether any particular thing done by the applicant with respect to any Goods or Services or both amounts to or results in a supply, within the meaning of that term.

13/2018, dt. 18.09.2018

application-pdf(Size: 15.75 MB)

97(2)(e)& (g)
2610 Italian Edibles Private Limited Madhya Pradesh

Classification or Tariff Heading Product of applicant?

13/2018, dt.18.09.2018

application-pdf(Size: 9.52 MB)

97(2)(a)