Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
261 M/s. RISHABH CHOPDA Maharashtra

1. When there are four joints owners of a property and in turn the joint owners are liable for GST on the rent income that they are receiving on ‘Leave and License’, on the common Area Maintenance Charges charged, the co-operative society has to issue four separate invoice showing the respective ownership share ratio of the each owner and mentioning the GSTIN of each owner in the respective invoices in order to get input tax credit by each of the co-owner?
2. Is there any provision under the CGST Act, 2017 by which lumpsum CGST charged to the only one co-owner the credit of which can be transferred to the other co-owners?

GST-ARA-86/2019-20/B-29, Mumbai, dated 11.03.2020

(Format: pdf, Size: 1.11 MB)

97 (2) (d) & (e)
262 Hitachi Power Europe GmbH Maharashtra

Whether the Goods and Services tax (herein referred as ‘GST’) is applicable on the accounting entry made for the purpose of Indian accounting requirements in the books of accounts of Project Office for salary cost of Expat employees

GST-ARA-38/2019-20/B-27, Mumbai, dated 11 .03.2020

(Format: pdf, Size: 2.25 MB)

97(2) (e)
263 Liberty Translines Maharashtra

Question 1. Considering the nature of transaction, under the new proposition where Liberty Translines the Applicant will be issuing the consignment note in addition to the consignment note issued by POSCO ISDC Pvt. Ltd., whether the service rendered by the Applicant to POSCO ISDC Pvt. Ltd. as a sub-contractor would be classified as GTA service (SAC 996791) when the service rendered by POSCO ISDC Pvt. Ltd. as the main contractor, is already classified as GTA service ( SAC 996791) and is going to remain unchanged ? 
Question 2. Whether the Applicant would be right in charging GST @12% under Forward Charge mechanism to POSCO ISDC Pvt. Ltd. in terms of Notification No. 20/2017-C.T. (Rate) dated 22.08.2017 when POSCO ISDC Pvt. Ltd. as the main contractor, is already charging GST @12% under the same Notification, which is going to remain unchanged? 
Question 3. Whether POSCO ISDC Pvt. Ltd. would be eligible to claim credit of the 12% GST charged by the Applicant in its invoice under Forward charge mechanism? 
Question 4. Procedurally, is it correct to have two GTA Service Providers and two consignment notes for the same movement of goods, one issued by the Applicant as a sub-contractor and the other by POSCO ISDC Pvt. Ltd. as the main contractor?

GST-ARA-39/2019-20/B-24, Mumbai, dated 05.03.2020

(Format: pdf, Size: 3.26 MB)

97(2) (a), (d) & (e)
264 POSCO INDIA STEEL DISTRIBUTION CENTRE PVT LTD Maharashtra

1. What will be the classification of the services (whether under service codes 996511 or 996791 or 996799 or any other) of the Applicant in case the Applicant issues the consignment note however, the actual transportation is done through the third-party transporter (who also issues the consignment note)? 
2. What will be the applicable GST rate on the above services of the Applicant among the following? 
- 12% (entry 9(iii) of the Notification 11/2017(CT)Rate dated 28 June 2017]; 
- 12% (entry 11(1) of the Notification 11/2017(CT)Rate dated 28 June 2017];
- 18% (entry 11(ii) of the Notification 11/2017(CT)Rate dated 28 June 2017); 
• Or any other 
3. Whether the Applicant would be eligible to avail the input tax credit of the 12% GST charged by the third-party transporters? 
4. Whether the transporter would be right in charging GST @12% under forward charge mechanism to Applicant in terms of Notification No 20/2017-Central Tax (Rate) dated 22 August 2017 when Applicant as the main contractor, is already charging GST @ 12% under the same Notification, which is going to remain unchanged? 
5. Procedurally, is it correct to have two GTA Service Providers and two consignment notes for the same movement of goods, one issued by the Applicant as main contractor and the other by transporters sub-contractor?

GST-ARA-134 /2019-20/B-23, Mumbai, dated 05.03.2020

(Format: pdf, Size: 3.23 MB)

97(2)(b)
265 M/s PANBASE Resources Pvt. Ltd. Maharashtra

Whether the "Commission" received by the Applicant in the convertible foreign exchange for rendering services as an "Intermediary" from overseas clients, on account of....
a.  Trade in goods between an exporter abroad receiving such services and an Indian importer of goods, is an "export of services” falling under Section 2(6) & outside the purview of Section 13(8) (b), attracting zero-rated tax under Section 16 (1) (a) of the Integrated Goods and Services Tax Act, 2017?
b.  If the answer to the question above is in the negative, whether the impugned supply of service forming as integral part of the cross-border sales/purchase of goods, will be treated as an "intra -state supply" under Section 8(1) of the IGST Act read with Section 2(65) of the MGST Act. Attracting CGST/MGST? And at what rate? 

GST/ARA/74/2019-20/B-22 , Mumbai, dated 25.02.2020

(Format: pdf, Size: 1.04 MB)

97(2)(e)
266 M/s Shalini Manish Mittal Maharashtra

Whether online or telephonic educational coaching from India for corporate, individuals or any other entities residing required outside India is subject to GST and if so under which category is it taxed and section/notification covered for the same?

GST/ARA/64/2019-20/B-21 , Mumbai, dated 25.02.2020

(Format: pdf, Size: 1.26 MB)

97(2)(a), (b), (c), (d) ,(e)& (g)
267 M/s Security Printing and Minting Corporation of India Limited. Maharashtra

Determination of applicable HSN code for the material 'Heat Activated Ultra-Violet (HAUV) Polyester Film with Adhesive Coating and UV Printing'.

GST/ARA/46/2019-20/B-20 , Mumbai, dated 25.02.2020

(Format: pdf, Size: 792.43 KB)

97(2)(a)
268 M/s Lear India Engineering LLP Maharashtra

1. Whether the design & Development services provided by Lear India to Lear entities  situated aboard would amount to Export of service.

2. Whether the design & Development services provided by Lear India to Lear entities situated aboard would  fall under the category of OIDAR services.

GST/ARA/25/2019-20/B-19 , Mumbai, dated 25.02.2020

(Format: pdf, Size: 1.72 MB)

97(2)(e)
269 M/s Mayank Vinodkumar Jain Maharashtra

The Applicant requests this Authority to decide as to whether the aforesaid services proposed to be rendered qualify as Export of Services" under Section 2(6) of the Integrated Goods & Services Tax Act, 2017 or not. 

GST/ARA/57/2019-20/B- 11 , Mumbai, dated 22.01.2020

(Format: pdf, Size: 1.15 MB)

97(2)(g)
270 M/s Wise Design Communications Pvt Ltd Maharashtra

1. Are hard copies of shipping bills (which are duly stamped & signed by the LET Export Officer of Customs, having details such as Name & address of authorised courier, Courier registration number, Port of loading, Airlines & Flight number, Customs Shipping number, Shipping bill date, Courier AWB no., Declared weight, Consignor Name & Address, Destination country, IEC Number & GSTIN of Exporter, Description of goods, Invoice value, Consignee name & address, etc.) enough for filing claim for refund of ITC since it is an export sale though the shipping bill is not trackable on ICEGATE website?

2. Is the drop- shipping transaction an export sale or is it subject to IGST?

GST/ARA/63/2019-20/B- 14 , Mumbai, dated 22.01.2020

(Format: pdf, Size: 1.13 MB)

97(2)(d)