Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1401 Maddi Sumalatha, Prop. M/s Sri. Venkataramana Agencies. Karnataka

"Rate of GST applicable to "Areca Leaf Plates" Machine pressed) But the Applicant, vide their email dated 29.10.2021, has informed this authority that they wish wish to withdraw their application. Further the applicant has to discharge fee of Rs.5,000/- each in terms of Section 97(1) of the CGST Act 2017 as well as the KGST ACt 2017 , whereas the applicant has discharged the fee of Rs.5,000/- under KGST Act 2017 only and hence the instant application is liable for rejection under Section 98(2) of the CGST Act 2017. The application filed by the Applicant for advane ruling is hereby rejected for the reasons mentioned above.

KAR/ADRG/71/2021 dated 29-11-2021

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97(2)(a)&(e)
1402 Bank Note Paper Mill India Pvt. Ltd Karnataka

a. Applicability of GSTon Liquidated damages for delay in supply as penalty (this is in nature of penalty)
b. Applicability of GST on Liquidated damages for compensation of extra cost on account of default from the supplier (this is in the nature of abetment to the cost of purchase)c. Applicability of GST on sale of tender form/fees for participation in the tender. This being a nominal fees collected just to have seriously interested participation. (this is in the form of avoiding non-serious participation) But the Applicant, vide their letter dated 25.08.2021, has requested this authority to quash the application filed for advance ruling, quoting the reason that they have already got the clarity on the applicability of GST on the transactions for which advance ruling was sought and that they do not require any further proceedings. Further the applicant has to discharge fee of Rs.5,000/- each under the CGST Act 2017 as well as KGST ct 2017 as per Section 97(1), whereas the applicant has discharged the fee of Rs.5,000/- under KGST Act 2017 only and hence the instant application is liable for rejection under Section 98(2) of the CGST Act 2017. The application filed by the Applicant for advane ruling is hereby rejected for the reasons mentioned above.

KAR/ADRG/70/2021 dated 29-11-2021

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97(2)(g)
1403 Johnson Lifts Pvt. Ltd. Karnataka

a. Whether Sl.No.3(v)(b) of Notification 11/2017-CT(Rate)-6% CGST is available, when- (a) Such building consists of more than one residential unit and falls under the definition of "residential complex" But the Applicant, vide their letter dated 26.08.2021, informed this authority that they withdraw their application, filed for advance ruling. Further the applicant has to discharge fee of Rs.5,000/- each under CGST Act 2017 as well as the KGST Act 2017 as per Section 97(1), whereas the applicant has discharged the fee of Rs.5,000/- under the KGST Act 2017 only and hence the instant application is liable for rejection under Section 98(2) of the CGST Act 2017. .

KAR/ADRG/69/2021 dated 29-11-2021

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97(2)(b)&(e)
1404 Xtracare Products Private Limited Karnataka

a. What is the HSN Code of baby wipes/classification?
b. What is the rate of tax to be levied on baby wipes?
c. If Circular No.52/26/2018 GST dated 9th August 2018, is not applicable to the applicant, whether the applicant can go back and charge GST @ 12% since there exists ambiguity in this regard..

KAR/ADRG/64/2021 dated 26-11-2021

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97(2)(a)&(e)
1405 M/s Chhattisgarh Anusuandhan & Vikas Firm Chhattisgarh

GST liability and tax rate on the services of provision of technical personal, data operator, house keeping service etc to different state and Central Government Departments.

STC/AAR/05/2021 Dated 25.11.2021

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97 (2)( e )
1406 M/S MANUPATRA INFORMATION SOLUTIONS PVT-LTD Uttar Pradesh

Ques-As per notification  no. 12/2017-Centeal Tax(Rate) dated 28th June 2017 further amended by notification no. 02/2018-Central Tax(Rate) dated 25th January 2018, against Serial number 66; Services provided-

(b) to an educational institution, by way of-

“(v) supply of online educational journals or periodicals:”; is taxed at NIL rate.

This has created confusion as some law schools are insisting that GST is not applicable to them on account of the above Notification as amended.

We would like to know if our services referred above are covered by the above amendment. If the answer is in the affirmative, do we charge GST at NIL rate?

Ans- Replied in Negative.

UP_AAR_87 dated 25.11.2021

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97(2)(b)
1407 M/s Abhay Singh Gill Chhattisgarh

Admissibility of Input Tax Credit of GST @ 18% mentioned in the rent bill issued by the service provider who has provided buses on rent to the applicant

STC/AAR/07/2021 Dated 25.11.2021

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97 (2), (d)
1408 M/s. SERENITY TRADES PRIVATE LIMITED Maharashtra

Where first sale is on reverse charge basis by the Director of Lotteries, State Government to appointed Distributor/ selling agent, and the lotteries have suffered appropriate GST, is the applicant being subsequent dealer being exempt from GST in terms of Notification No.2/2017 -Central Tax (rate) dated 28 June, 2017.

GST-ARA-53/2019-20/B-99 Mumbai dated 24.11.2021

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97(2) (a),(b), (c), (e) & (g)
1409 M/s. RRIBADA FILMS PRIVATE LIMITED Maharashtra

Whether Liable to Pay GST under Normal or under Reverse Charge Mechanism on Import of Services which are not rendered in India?

GST-ARA-100/2019-20/B- 101 Mumbai dated 24.11.2021

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97(2)(e)
1410 M/s. SUMMIT ONLINE TRADE SOLUTIONS PRIVATE LIMITED Maharashtra

As the Lottery of any State Government is purchased by the Distributor cum selling agent and the sold in the State of Maharashtra through various sub distributors, whether the Distributor cum selling agent is liable to remit CGST / SGST or IGST ( on reverse charge basis).

GST-ARA-54/2019-20/B- 100 ,Mumbai, dt. 24.11.2021

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97(2)(e) (a),(b), (c), (e) & (g)