Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
161 M/s Mahindra Splendour CHS Ltd Maharashtra

Q.1.  Whether the applicant is liable to pay GST on the contribution received from its members?
Q.2.  If yes, whether the applicant can avail the benefit of exemption under entry no. 77 of Notification no.12/2017-CTR dated 28th June, 2017 for the value upto Rs.7,500/- per month per member and in case the said monthly contribution exceeds Rs. 7,500/- per month, then the GST is leviable only on differential value in excess of Rs. 7,500/-?
Q.3.  Whether the applicant is liable to pay GST on amount collected from its members towards the following accounts as per the Bye laws:
a. Sinking Fund
b. Building Repair Fund
c. Election and Education Fund
Q.4.  Whether the supplies otherwise exempted from tax or charged at Nil rate shall be included in value in computing threshold amount of Rs.7,500/- per month per member under entry no. 77 of Notification no.12/2017-CTR dated 28th June, 2017, for determining the tax liability?
Q.5.  Whether contribution collected to defray expenses for supply of following types of water are covered under entry 99 of Notification 2/2017-CTR dated 28th June, 2017 i.e. under HSN Code 2201 and attracts NIL rate of tax?
a. For Potable water received from MCGM u/s 169 of Mumbai Municipal Corporation Act 1888, which is supplied/distributed to the flats of the Members through an elaborate storage and pumping system.

b. Flush Water (Non Potable water) generated from Sewage treatment plant installed in the Society premises and supplied to all the flats for use in toilet flushing.

Q.6.  Whether input tax credit can be claimed on the expenses incurred for heavy repairs and maintenance of the society building premises and which are not capitalized in books of accounts?

GST-ARA- 38/2020-21/B-103, Mumbai, dated 01.12.2021

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97(2) (b), (c),(d) & (e)
162 Metalex Steel Strips Pvt. Ltd. Karnataka

"We do job work of slitting, cut to length and matt finishing of stainless steel sheets with HSN code 9988. Further above type of job work what value to be mentioned in e-way bill whether goods value or job work charges only." But the applicant, vide their letter dated 17.08.2021, requested this authority to permit them to withdraw the instant application filed for advance ruling, for the reason that, they have got the clarifications for the question from Circular No.126/45/2019-GST dated 22.11.2019, issued by CBIC. However, the issue on which the applicant has sought advance ruling is not in respect of any of the issues covered under Section 97(2) of the CGST/KGST Act 2017. 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 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 CGST Act 2017. The application filed by the Applicant for advane ruling is hereby rejected for the reasons mentioned above.

KAR/ADRG/66/2021 dated 29-11-2021

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97(2) (e)
163 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)
164 M/s. Medha Servo Drives Private Limited Telangana

1.HSN/SAC Classification?

2.GST rate applicable?

TSAAR Order No.23/2021 dated 05.11.2021

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97(2) (a) &(g)
165 M/s Espresso Foods Private Limited Goa

1. What will be HSN Code and GST Rates to be charged on the mentioned products, if we sell through own restaurants, super markets and take away from our premises. 

2. Products will be deliver to end customers through e-commerce platform like Zomato and Swiggy.

 3. Claiming of ITC on inputs by us and whether our customers can avail input credit on our supply. 

4. what GST rates will be applicable without availing Input Tax Credit, if we sell through own restaurant, super markets and take away from our premises.

GOA/GAAR/02 of 2021-22/2001 Dt. 03.11.2021

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97(2) (a) (b) (d) (g)
166 M/s Polyhydron Systems Private Limited Karnataka

Whether the classification of Hydraulic Power Pack falling under HSN 8412 of Customs Tariff Act, 1975 as adopted to GST can be treated as "Part of heading 8906" attracting 5% IGST  (2.5% CGST + 2.5% KGST) as per Schedule I (Sr. No.252) of Notification No.01/2017 Central Tax (Rate) dated 28.06.2017 or not?But the Applicant, prior to the opportunity of hearing, vide their letter dated 24.08.2021, requested this authority to permit them to withdraw their application, quoting the reason that their business model has been changed and they do not require the ruling and 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.

KAR/ADRG- 50/2021 dated 29.10.2021

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97(2) (a)&(b)
167 M/s GOLDEN HATCHERIES Karnataka

1. What is the rate of tax on various items and equipment which are used in the construction of Poultry Farm on immovable property?
2. What is the HSN code on transferred of poultry farm equipment and others involved execution of works on immovable property?

KAR/ADRG- 61/2021 dated 29.10.2021

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97(2) (e)
168 M/s Devanahalli&HosakoteTaluks MSPC Karnataka

a.Classification of Goods, HSN Code and Rate of Tax on Pushti', a mixture of Ragi, Rice, Wheat, Green gram, Fried gram, Moong dal, and Soya in different proportions.
b.Does Circular No.149/05/2021-GST dated 17.06.2021; apply to MSPC, as MSPC is supplying food to CDFO for which the end user is anganwadicenters.

KAR/ADRG- 56/2021 dated 29.10.2021

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97(2) (a)&(b)
169 M/s. ACCUREX BIOMEDICAL PRIVATE LIMITED Maharashtra

HSN Classification and GST rate to be charged on below products:
1. Turbilatex C-reactive protein (CRP) infinite
2. HbA1c infinite

GST-ARA- 98/2019-20/B-72 Mumbai dated 11.10.2021

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97(2)(e)
170 M/s. GARWARE INDUSTRIEES LIMITED Maharashtra

Whether the Aluminium Composite Panel / sheet is covered under: 
a. HSN Code 3920 or HSN Code 7606 or HSN Code 7610?
b. And what is the rate of tax on the same under SGST Act and CGST Act respectively?

GST-ARA- 107/2019-20/B-73 Mumbai dated 11.10.2021

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97(2)(b)