Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
241 M/s. JankiSushikshitBerojgarNagrikSevaSahakariSanstha Ma Amravati Maharashtra

QUE 1.  Whether the services provided by the Applicant are covered under Clause 1 & 2 of   Twelfth Schedule of Article 243W?
QUE 2.  Whether the meals provided to Government Ashrams for economically weaker class of students fall within Clause 1 & 2 of Twelfth Schedule of Article 243W?
QUE 3.  Whether the services provided by the applicant fall under the Exemption Notification No. 12/2017 dated 28th June, 2017 (Entry No. 3 of Exemption Notification) as amended from time to time as the services are in the nature of pure labour services.

GST-ARA- 69/2019-20/B-61,Mumbai, dated 15.12.2020

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97(2)(a), (b) & (e)
242 M/s. Prettl Automotive India Private Limited Maharashtra

QUE 1. Whether the financial assistance to be received by the Applicant is a consideration for supply and the activity is covered under the meaning of supply of services in terms of Section 7 of the Central Goods and Services Tax Act, 2017 / Maharashtra Goods and Services Tax Act, 2017?
QUE 2. If the above activity is not considered as 'supply of services' then whether the said activity is to be considered as "exempted supply' or 'non taxable supply and accordingly input tax credit is to be reversed in accordance with Section 17 of CGST Act, 2017 / MGST Act, 2017 read with Rule 42 of Central Goods and Services Tax Rules, 2017/ Maharashtra Goods and Services Tax Rules, 2017?
QUE 3. If the above activity is considered as supply of service, then whether the same is classifiable under SAC 9997 as other services nowhere else classified under Sr. no 35 of the Notification-11/2017- C.T. (Rate) dated 28th June 2017 / Sr. no 35 of the Notification-11/2017-S.T. (Rate) dated 29th June 2017 / sr. no 35 of the Notification 8/2017- I.T. (Rate) dated 28th June 2017?
QUE 4. Where the said activity if considered as supply of service, then whether the same is covered as "Zero Rated Supply and qualifies as "export of service under the provisions of Integrated Goods and Services Tax Act, 2017 and can be exported without payment of IGST?

GST-ARA- 20/2019-20/B-59 ,Mumbai, dated 15.12.2020

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97(2)(a),(d), (e) & (g)
243 M/s. Work Group SushikshitBerojgarNagrikSewaSahkariSansthaMaryadit Amravati Maharashtra

1.  Whether the services provided by the Applicant are covered under Clause 1 & 2 of Twelfth Schedule of Article 243W?
2.  Whether the services provided by the applicant fall under the Exemption Notification No. 12/2017 dated 28th June, 2017 (Entry No. 3 of Exemption Notification) as amended from time to time as the services are in the nature of pure labour services.
3.  Whether the services provided by the applicant fall within the Government Works Contract Services on which GST rate was amended to 12% in the notification No. 20/2017.

GST-ARA-89 /2019-20/B-62,Mumbai, dated 15.12.2020

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97(2)(a), (b) & (e)
244 M/s. Kolhapur Foundry and Engineering Cluster Maharashtra

1. Whether the activity of Applicant is Supply of Goods or Supply of Job Work Services?
2. The used waste sand which is of the value 'Nil' (Refer separate Valuation Certificate by Engineer) will have any impact on valuation?

GST-ARA- 55/2019-20/B-47,Mumbai, dated 26 .08.2020

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97(2)(a) &(c)
245 M/s. Tata Motors Limited Maharashtra

1. Whether input tax credit (ITC) available to Applicant on GST charged by service provider on hiring of bus/motor vehicle having seating capacity of more than thirteen person for transportation of employees to & from workplace?
2. Whether GST is applicable on nominal amount recovered by Applicants from employees for usage of employee bus transportation facility in non-air conditioned bus?
3. If ITC is available as per question no. (1) Above, whether it will be restricted to the extent of cost borne by the Applicant (employer)?

GST-ARA- 23/2019-20/B- 46Mumbai, dated 25.08.2020

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97(2)(b) &(d)
246 Madhurya Chemicals Maharashtra

A.  Whether the classification of ‘Shatamrut Chyavan’ falling under TSH 2309 90 10 of Customs Tariff Act, 1975 as adopted to GST attracting ‘NIL’ rate (0%) of IGST (0%) CGST + (0%) SGST) as per List of Exempted Goods as per Sr. No. 102 of Notification No. 02/2017 - Central Tax (Rate) dated 28.06.2017 is correct or not?

B. Whether the goods falling under TSH 2309 90 10 of Customs Tariff Act, 1975 as adopted to GST can be treated as ‘waste of sugar manufacture, whether or not in the form of pellets under heading 2303’ attracting 5% of IGST (2.5% CGST + 2.5% SGST) as per Schedule I (Sr. No. 104) of Notification No. 01/2017 - Central Tax (Rate) dated 28.06.2017 or not?

GST-ARA-33/2019-20/B-40 , Mumbai, dated 18.03.2020

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97(2)(a)
247 Apar Industries Limited Maharashtra

When goods i.e. Marine / Pressure Tight Cables/ Non Pressure Tight Cables, falling under Chapter 8544 are manufactured & designed especially for use for Defence Ministry in their Warship as Parts of Warship, what will be the Determination of Tax Liability on such supply?

2. Whether GST @5% is applicable in terms Sr. No: 252 of Schedule-1 of the Notification No.1/2017 Integrated Tax (Rate) dated 28.06.2017? 

GST-ARA-37/2019-20/B-42 , Mumbai, dated 18.03.2020

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97(2)(e)
248 Sundharams Private Ltd Maharashtra

Whether it is entitled to avail Input tax credit under CGST/SGST Act in respect of taxes to be paid on its purchase of Paver Blocks laid on the land?

GST-ARA-36/2019-20/B- 41 , Mumbai, dated 18.03.2020

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97(2)(d)
249 Prasa Infocom & Power Solutions PVT LTD Maharashtra

Whether supply of goods and service by Prasa Infocom & Power Solutions Private Limited to Cray Inc. (Cray) qualify as 'works contract' as defined under Section 2(19) of the Central Goods and Services Tax Act, 2017 (CGST Act)? 

GST-ARA-26/2019-20/B-43, Mumbai, dated 18.03.2020

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97(2)(a), (e) & (g)
250 CEAT Limited Maharashtra

1. Whether dealer is required to reverse input tax credit proportionate to the reduction in the value of supply?

2. Whether the applicant can issue commercial credit note to its dealers for post sale discounts without charging GST? 

GST-ARA-41/2019-20/B-37, Mumbai, dated 17 .03.2020

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97(2)(c )