Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
2741 EPCOS India Pvt. Ltd. Haryana

    
Whether the product 'Battery for Mobile Handset' whether it be separable or non-separable i.e., whether it be detachable or non-detachable, when sold to the mobile handset manufacturers who uses the same to make it form part of the mobile handset will, qualify to be classified under heading-85 having description "Parts for manufacture of Telephones for cellular networks or for other wireless networks"?

Advance Ruling No.2, dated 26.03.2018.

(Size: 2.59 MB)

97(2)(a)
2742 Caltech Polymers Pvt. Ltd., Kerala

Whether reimbursement of food expenses from employees for the canteen provided by company comes under the definition of outward supplies as taxable under GST Act

CT/531/18-C3 DATED 26/03/2018

(Size: 2.19 MB)

97(2)(e)
2743 Synthite Industries Ltd Kerala

1. Whether on procuring goods from China, in a context where the goodspurchased are not brought into India, is GSTpayable by them?

2. On the sale of goodsto the company in USA,where goods sold are shippeddirectly from China to USAwithout entering India, is GSTpayable by them?

3. On procuring goods from China not against specific export order, in acontext when the goods purchased are not brought into India, is GSTpayable by them?

4. On the sale of goods from Netherlands warehouse to their end customers in and around Netherlands, without entering India, is GSTpayable by them?

CT/2275/18-C3 DATED 26/03/2018

(Size: 4.46 MB)

97(2)(e)
2744 Roulunds Braking India (Pvt.) Ltd, Sonipat Haryana

Brake Pad and Auto Parts, whether to fall under ITC HSN 87083000 attracting 28% GST or ITC HSN 6813 attracting 18% GST?

Advance Ruling No.3, dated 26.03.2018

(Size: 9.03 MB)

97(2)(a)
2745 M/s Maheshwari Stone Supplying Co., Tandur, Vikarabad Telangana

(i)  In which Chapter the commodity called “Polished/Processed limestone slabs” falls?

(ii)  Under which HSN Code the above commodity comes?

(iii) Can it be classified as “Mineral substances not elsewhere specified or included” which is mentioned under HSN Code 2530?]

(iv) Can it be classified under any of the HSN Codes 2515/2516/2521?

(v) Can it be retained under HSN Code 25 with inaugural phrase of “Goods not mentioned elsewhere” as mentioned at the start of column of 5%?

02/2018 dt. 25/03/2018

(Size: 257.26 KB)

97(2)(a)
2746 Acrymold Maharashtra

1. If the word TROPHY is specifically mentioned under 83062920, so can we sell all trophies made of any material  under this HSN?

2. If different code is allocated to trophies assembled of different material, I would like to know if there is a combination of different materials and about 75% (value terms) is getting used  of any one Raw Material, under which  HSN should we make bill ?

GST-ARA-12/2017/B-15 Mumbai, dt. 23.03.2018

(Size: 1.73 MB)

97(2) (a)
2747 Aditya Birla Retail Ltd. Maharashtra

(a) Whether the subject goods, proposed to be sold under Stream 1, where the package of the subject goods would merely have a declaration mentioning the name and registered address of the Applicant as the manufacturer, as per the statutory requirement under Subject Statutory Provisions, can be considered as ‘not bearing a brand name’, and, accordingly eligible for exemption from GST in terms of relevant entries to Notification No. 2/2017 Central tax (Rate) dated 28th June 2017 (‘CGST Notification’), and, the corresponding entries under Notification No. 2/2017-Intergrated tax (Rate) dated 28th June 2017 (‘IGST Notification’) and Notification No.2/2017-State Tax (Rate) dated 29th June 2017) [collectively referred to as ‘the Exemption Notifications’]?

(b) Whether the subject goods proposed to be sold under Stream 2, where the package of the subject goods would have a declaration mentioning the name and registered address of the manufacturer as per the statutory requirement under the Subject Statutory Provisions as also the declaration ‘Marketed by- Aditya Birla Retail Limited’ can be considered as ‘not bearing a brand name’, and, accordingly eligible for exemption in terms of relevant entries to the Exemption Notifications?

(c) Whether the declarations made on the package, by inter alia using common/ generic terms viz. ‘Value’, ‘Choice’ and ‘Superior’, for the sole purpose of indicating the quality of the product so as to enable the customers to identify and buy products based on their requirements, budget and preferences can be construed to be a ‘brand name’ for the purpose of the Exemption Notifications?

GST-ARA-13/2017/B-16 Mumbai, dt. 23.03.2018

(Size: 6.61 MB)

97(2) (b)
2748 Tata Motors Limited Maharashtra

    
1. Whether Tata Harrier vehicle, which has following specifications, is classifiable under Tariff Item 8703 32 91 or 8703 32 99 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)?

2. For a motor vehicle to get covered under above entry as SUV/ UV, whether it has to satisfy only the conditions mentioned in main clause i.e. engine capacity above 1500 cc and popularly known as SUV/ UV or in addition, it has to also satisfy the conditions mentioned in Explanation" i.e. length exceeding 4000 mm and ground clearance of 170 mm and above? In short, if the vehicle satisfies only the conditions mentioned in main clause but is not satisfying any one or all of the conditions mentioned in Explanation', whether it would still be covered under Entry at Sr. No. 52B of Notification No. 1/2017-Compensation Cess (Rate) dated 28.06.2017 as amended?

3. For the purpose of Cess @ 22% under Sr. No: 52B of Notification No. 1/2017 Compensation Cess (Rate) dated 28.06.2017 as amended, whether the ground clearance of the vehicle is to be considered in laden condition or in unladen condition?

4. Whether Tata Harrier vehicle whose ground clearance in unladen condition is 205 mm and in laden condition is 160 mm, would fall under Sr. No. 52B of the Notification No. 1/2017-Compensation Cess. (Rate) dated 28.06.2017 as amended?

5. Whether GST Compensation Cess @ 22% under Sr. No. 52B of Notification No. 1/2017-Compensation Cess (Rate) dated 28.06.2017 as amended, will be applicable to Tata Harrier vehicle?

6. Vehicle whose ground clearance in unladen condition is more than 170 mm but below 170mm in laden condition, whether will get covered under Sr. No. 52B of Notification No. 1/2017-Compensation Cess (Rate) dated 28.06.2017?

NO.GST-ARA- 104/2018-19/B- 32 Mumbai dated 22.03.2019

(Size: 2.08 MB)

97(2) (a)&(e)
2749 M/S Siddhu Mal Paper Conversion Com Pvt. Ltd. Uttar Pradesh

उ0प्र0 राज्य सरकार द्वारा लागू ई-वे बिल की अनिवार्यता है अथवा नही ।

UP_AAR_02 dated 21.03.2018

(Size: 919.81 KB)

97(2)(b)
2750 M/s AnanyaGoel Uttar Pradesh

Manufacturing food as take away only with no sitting facility, is a restaurant service or manufacturing of goods.

UP_AAR_01 dated 21.03.2018

(Size: 1.57 MB)

97(2)(a)