Appellate Orders

Sr. No. Name of the Applicant States/UT Appeal Order No. & Date Brief of Order ­in ­Appeal (OIA) Download AR Order No. and Date, against which Appeal has been filed
511 House of Marigold Gujarat GUJ/GAAAR/ APPEAL/2019/3 dated 28.02.19

Gujarat Appellate Authority confirms the Advance Ruling given by Gujarat advance ruling authority and rejects the appeal filed by House of Marigold.

The products ‘Marigold Butterfly Bridal’ with watch and similar jewellery products containing watch classifiable under Heading 9101.

(Size: 192.63 किलोबाइट)

GUJ/GAAR/ RULING/2018/20 Dt.10/10/18
512 Sapthagiri Hospitality Pvt Ltd. Gujarat GUJ/GAAAR/APPEAL/2019/2 dated 02.01.19

Gujarat Appellate Authority confirms the Advance Ruling given by Gujarat advance ruling authority and rejects the appeal filed by the appellant. The supplies made by applicant, a SEZ co-developer from non-processing zone of SEZ to client located in SEZ for authorized operation will be treated zero rated supplies he is liable to pay GST on services from their hotel located in non-processing Zone of SEZ to the client located outside the SEZ.

(Size: 212.36 किलोबाइट)

GUJ/GAAR/ RULING/2018/14 dated 30.07.18
513 Omnisoft Technologies Pvt Ltd. Gujarat GUJ/GAAAR/APPEAL/2019/1 dated 02.01.19

Gujarat Appellate Authority confirms the Advance Ruling given by Gujarat advance ruling authority and rejects the appeal filed by M/S Omnisoft Technology Pvt ltd. The activity provided by UCMAS using abacus does not qualify for exemption from the payment of goods and services tax.

(Size: 184.02 किलोबाइट)

GUJ/GAAR/ RULING/2018/15 dated 23.08.18
514 M/sShrimad Rajchandra Adhyatmik Satsang Sadhana Kendra Maharashtra MAH/AAAR/SS-RJ/14/2018-19 dated 24.12.18

The Appellate Authority for Advance Ruling upheld the ruling given by the Advance Ruling Authority by observing that the activities carried out by them would fall under the definition of business as defined under the Section 2(17) of the CGST Act, 201, and accordingly, they are liable for registration under the provisions of the CGST Act, 2017 and the MGST Act, 2017. The Appellate Authority further observed that the sale of spiritual products which are incidental and ancillary to main charitable object of the appellant can be said to be business as defined under Section 2(17) of the CGST Act, 2017.

(Size: 4.79 मेगा बाइट)

GST-ARA-41/2017-18/B-48 dated 14.06.2018
515 A.S. Moloobhoy Pvt. Ltd. Maharashtra MAH/AAAR/SS-RJ/20/2018-19 dated 14.02.19

The Appellate Authority for Advance Ruling modify the ruling given by the Advance Ruling Authority by observing that Automatic Identification System (AIS), NAVTEX, and SART are covered by Sr. 252 of Notification No. 1/2017 -C.T. (Rate). 

(Size: 5.6 मेगा बाइट)

GST-ARA-14/2017-18/B-71 dated 18.07.2018
516 IL & FS Education & Technology Services Ltd. Maharashtra MAH/AAAR/SS-RJ/18/2018-19 dated 04.02.19

The Appellate Authority for Advance Ruling set aside the ruling given by the Advance Ruling Authority by holding that  the supply of goods and services by the Appellant to the Director of Education (S & HS) qualifies for exemption in term of the Entry No. 72 of the Notification No. 12/2017 -C.T. (Rate).

(Size: 12.43 मेगा बाइट)

GST-ARA-48/2017-18/B-55 dated 25.06.2018
517 M/S East Hooghly Polyplast Pvt. Ltd. West Bengal 07/WBAAAR/2018-2019 dated 12.03.2019

Advance Ruling pronounced by the WBAAR is confirmed

(Size: 1.61 मेगा बाइट)

12/WBAAR/2018-2019 dated 20-07-2018
518 Nagaur Mukundgarh Highwys (P) Ltd., Udaipur Rajasthan RAJ./AAAR/06/2018-19 dated 12.02.19

(I) Annuity payment is exempted from GST  in terms of Entry No.23A of the Notification No.12/2017-Central Tax (Rate) Dt.28.6.2017. However only 50% ITC of GST paid on Input & Input services used in the construction phase, is available (II) Full ITC of the GST paid on Input & Input services used in the O&M phase is available.

(Size: 3.41 मेगा बाइट)

RAJ./AAR/2018-19/09 Dt.1.8.2018
519 KEI Industries Ltd., Bhiwadi, Alwar Rajasthan RAJ./AAAR/05/2018-19 dated 5.12.2018

As the question posed by the party is related to the supplies undertaken by him, prior to the date of filing of the Application for Advance Ruling, so no ruling is given on the question

(Size: 8.79 मेगा बाइट)

RAJ./AAR/2018-19/09 Dt.1.8.2018
520 Toshiwal Brothers (SR) Pvt. Ltd. Karnataka KAR/AAAR/Appeal-06/2018 dated 01-01.2019

Advance Ruling pronounced by the Karnataka AAR is confirmed and the appeal filed by appellant stands dismissed.

(Size: 3.95 मेगा बाइट)

KAR/ADRG 23/2018 DATED 19.09.2018