Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1481 M/s. SHV Energy Private Limited Telangana

a. Whether the impugned supply can be regarded as ‘composite supply’ and whether the rate of tax of the principal supply could be adopted for the whole of supplies?

b. The applicant hereby seeks determination in respect of the following specific questions:

i. Whether sale of LPG, Collection of Take or Pay Charges for not lifting minimum assured quantity and rental charges for supplier gas system installed at the customer premises to store the LPG which is a condition precedent for supply of LPG be treated as composite supply under section 2(30) of GST Act, 2017?

ii. Whether supply/sale of LPG be treated as principal supply for above mentioned transaction?

TSAAR Order No. 06/2021 Date. 06.08.2021

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97 (2) (c & e)
1482 M/s Adani Enterprises Ltd. Madhya Pradesh

1Whether the services of construction of the R&R Colony supplied by the Applicant would be taxed as a part of the composite supply of mining service or the same would be taxed separately as a supply of works contract service.
2.Whether the Applicant will be eligible to avail Input Tax Credit of tax paid to the sub-contractor on works contract services for construction of R&R colony, or the same would be disallowed in terms of Section 17(5)(c) of the CGST Act, 2017.

MP/AAR/10/2021 Dated 06.08.2021

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97(2)(a) & (d)
1483 M/s.. Sri Avanthika Contractors(I) Limited Telangana

1. Whether the construction of Institute of Security and Law Enforcement Studies at Addu City in Maldives, constructed for Government of Maldives under an Memorandum of Understanding between India and Maldives falls within the GSTnet?

2. Who is the recipient of service in the instant case?

3 What is the place of supply in respect of the works contract for setting up of seating up of the Institute of Security and Law Enforcement Studies at ADDU City in Maldives?

TSAAR Order No. 05/2021 Date. 05.08.2021

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97 (2) (a,b&g)
1484 M/s. Forest County Co Operative Housing Society Limited Maharashtra

1.  Applicability of GST on Repair and maintenance fund and sinking fund.

2. Whether or not exemption Limit of Rs.7500/- per member is applicable on above two  components of maintenance bill by the housing co-operative Society to members of  society.

GST-ARA- 65/2019-20/B- 42 Mumbai dated 04.08.2021

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97(2)(b) & (e)
1485 J.M. Livestock Private Limited Maharashtra

1.  Whether receipt of prize money from horse race conducting entities in the  event horse owned by the applicant wins the race would amount to 'supply  under section 7 of the Central Goods and Service Tax Act, 2017 or not  and consequently, liable to GST or not?
2.  Whether the applicant is required to reverse the input tax credit availed on the GST  paid on inputs?

GST-ARA- 124/2019-20/B- 40 ,Mumbai, dated 30.07.2021

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97(2)(b) & (e)
1486 Inox Air product Pvt Limited Tamil Nadu

Whether INOX would be entitled to avail and utilize ITC of GST Charged by IPL if such transaction is considered to be a supply

TN/25/AAR/2021 DATED 30.07.2021

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97(2)(d)
1487 Mother Earth Environ Tech Private Limited. Karnataka

The Case is remanded by the Honarable High Court of Karnataka ,Banglore for fresh disposal.

KAR/ADRG/46.1/2020 dated 30-07-2021

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98(4)
1488 Bangalore Street Lighting Private Limited Karnataka

i. Whether the street lighting activity undertaken under the Energy Performance Contract dated 1st March 2019 (Which involves supply of various goods and rendition of various services), is to be considered as a Composite Supply the CGST/KGST Act2017?
ii. If so, whether Supply of luminaries, without which there can be no energy conservation, and which is the primary deliverables, constituting approximately 70% of the total project cost, can be construed as the principal supply? What would be the applicable rate of GST on supply made under the contract?
iii. If supply of services is held to be the principal supply, which of the various services being rendered would constitute the principal supply? What would be the applicable rate of GST on supply made under this contract?
iv. Whether the applicant is entitled to the benefit of exemption under entry 3A of Notification No.12/2017-Central Tax (Rate) dated 28.06.2017, as amended?
v. If the transaction is treated as a supply of luminaries, what is the time of such supply? Whether “Applicant ESCO” would be liable to pay tax at the time when invoices are issued as envisaged in Explanation 1 to Section 12(12) of the CGST/KGST Act oronly at the time when the possession and ownership in goods are vested in “BBMP” at the end of tenure? 6.What would be the value of the aforesaid taxable supply given the fact that payments are to be received based on energy savings, which can be computed on a monthly basis, with reference to the energy auditor certifying the workings submitted by applicant?

KAR/ADRG/48/2021 dated 30-07-2021

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97(2)(a),(b),(c)&(e)
1489 Wago private limited Gujarat

Input tax credit is not admissible on Air-conditioning and Cooling System and Ventilation System, as this is blocked credit falling under Section 17(5)(c) CGST Act.

GUJ/GAAR/R/33/2021 dated 30.07.2021

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97(2)(d)
1490 Informatics Publishing Ltd. Rectification of mistake order (ROM) No 02/2021 Karnataka

Rectification order passed under section 102 of the CGST/KGST Act 2017

KAR/ADRG/ROM-02/2021 dated 30-07-2021

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98(2)