Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
131 M/s. B P Sangle Constructions Pvt. Ltd. Maharashtra

NHAI has awarded a contract for construction of road to the applicant vide letter dt 01.05.2017 for agreed price of Rs. 65,90,98,099/- which included VAT Tax as tender was awarded before the appointed date.  However, during the course of completion of service, i.e. construction of road as per contract, there happens escalation in value.  Such escalation in value is added to the contract value as per the terms of the tender notice which read as under: 19.10.04:- The contract price shall be adjusted for increase or decrease in rates and price of labour, cement, steel, plant, machinery and spares, bitumen, fuel and lubricants and other material inputs in accordance with the principles, procedures and formulae specified therein.  Question based on these facts is as to whether such escalated value shall be added to the taxable value u/s 15 of the act or otherwise?

GST-ARA- 44 /2020-21/B-41 Mumbai dated 31.03.2022

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97 (2) (c)
132 M/s. Precision Camshafts Limited Maharashtra

Whether the activity of design and development of patterns used for manufacturing of camshafts, for a customer is a composite supply, the principal supply being supply of services?

GST-ARA- 22 /2020-21/B-36 Mumbai dated 29.03.2022

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97 (2) (a) &(e)
133 M/s SHAH SAKALCHAND CHUNILAL & CO (HITESH P JAIN) Maharashtra

Whether brass puja utensils like diya, samai, agarbatti stand, pach arti, dhuparti, nandadeep, hawankund and other utensils used in puja daily in households are covered by Tariff Heading 7418 or Tariff Heading 7419.

GST-ARA- 75/2021-22/B-32 Mumbai dated 15.03.2022

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97 (2) (a)
134 M/s. FOREST DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED Maharashtra

1.  Whether the transfer of land, held under lease by FDCM, towards Kolsapada Minor  Irrigation Project is supply of service?

2. Whether exemption under Entry No 3. Of Notification No. 12/2017 Central Tax (Rate), dated 28.06.2017 will be applicable on the amount of compensation received by FDCM against transfer of land held under lease for Kolsapada Minor Irrigation Project?

GST-ARA- 18/2020-21/B-31 Mumbai dated 15.03.2022

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97 (2) (a), (b) & (e)
135 M/s. Maharashtra Ex-Servicemen Corporation Ltd. Maharashtra

Whether the Chapter No. 99, Sr. No. 3 of the Exemption Notification No. 12/2017 is applicable to MESCO Ltd. for the pure services i.e. Security Services rendered to various sites of Municipal Corporations in relation to functions entrusted to it under Article 243 W of the Constitution of India, thereby exempting as a service provider from the whole of GST?

GST-ARA- 105 /2019-20/B-33 Mumbai dated 15.03.2022

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97 (2) (b)
136 M/s. ASTAGURU AUCTION HOUSE PRIVATE LIMITED Maharashtra

Question 1: -  The classification and HSN code of goods listed in table (as given in Annexure II of   application as “Issue for Determination”) and GST rates applicable to such goods?

Question 2: -  Whether Applicant dealing in second hand goods is required to pay tax on the difference between selling price and purchase price as stipulated in Rule 32(5) of CGST Rules, 2017?

GST-ARA- 40/2020-21/B- 27 Mumbai dated 08.03.2022

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97 (2) (a), (c) & (e)
137 M/s. Nilkamal Limited Maharashtra

Question 1: - Whether product poultry crate is falling under chapter 84, chapter heading- 8436, sub heading 843610 and Tariff item 84362900 as Poultry keeping machinery, attracting rate of tax @ 6% each under Central and State Tax?

Question 2: - Whether the above mentioned item is falling under chapter 39 “Articles for the conveyance or packing of goods, of plastics” chapter heading 3923, subheading 392310 and Tariff item 39231090 as “Others” attracting rate of tax @ 9% each under Central and State Tax?

Question 3:- If the above product is not falling either under chapter 84 OR chapter 39, what is the appropriate classification of poultry crates and what is the rate of tax under Central, and State Tax?

GST-ARA- 49/2020-21/B-29 Mumbai dated 08.03.2022

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97 (2) (a)
138 M/s. Ionbond Coatings Pvt. Ltd. Maharashtra

1. Whether the activities carried out by the applicant qualifies for job work in view of the section 2(68) of the CGST Act, 2017?

2. If yes whether GST rate of 12% or 18% would be applicable in view of Sr. No. 26 (id) and (iv) of the Notification No. 11/2017 CT-Rate dated 28 June 2017 as amended vide Notification No. 20/2019 CT- Rate dated 30 Sep 2019?

3. If No, what would be classification of services and rate of tax thereof? 

GST-ARA- 41/2020-21/B-28 Mumbai dated 08.03.2022

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97 (2) (a), (b) & (e)
139 M/s Sonai Tarmat JV Maharashtra

What will be the rate of GST in case of works contract service related earthwork provided to the Central Railway?

GST-ARA- 20/2020-21/B-26 Mumbai dated 22.02.2022

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97(2) (b)
140 M/s. Kapil Sons Explosives LLP Maharashtra

1. Whether the activity to be carried by the applicant shall be classified as supply of goods or services or a composite supply of ‘works’ contract’?
2. Whether the activity should be classified as Composite Supply of works contract under Entry 3(x) of Notification No. 11/2017-CT (R) dated 28.06.2017 i.e. provided by a sub-contractor to the main contractor providing services specified in item (vii) above to the Central/State Government, Union territory, a  local authority, a Governmental Authority or a Government Entity taxable at the rate of 5%?

GST-ARA- 06/2021-22/B-24 Mumbai dated 18.02.2022

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97(2) (a) & (e)