Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1041 M/s Global Engineering Co. (Trade Name), M/s.DilipParsotambhaiSiddhpura (Legal Name) Gujarat

What GST rate to be charged on Marine engine falling under HSN 8402 and 8407, whether 28% or 5% (As per circular No. 52/26/201-GST dated 9-8-18)

GUJ/GAAR/R/2022/05 dated 07.03.2022

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97(2)(b) &(e)
1042 M/s. Astral ltd. Gujarat

1.Whether GST is applicable on amount representing the employees’ portion of canteen charges, which is collected by the applicant and paid to the Canteen service provider by company at Factory.
2.Whether GST is applicable on the amount representing the employee’s portion of canteen charges, which is collected by the applicant and paid to the Canteen service provider by company at HO.
3.If GST is applicable then, whether input tax credit (ITC) available charged by service provider on canteen facility provided to employees working in factory/HO?
4.If ITC is available, whether it will be restricted, to the extent of cost borne, by the company?

GUJ/GAAR/R/2022/01 dated 07.03.2022

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97(2)(c)& (g)
1043 M/s. Intas Pharmaceutical Ltd. Gujarat

Whether GST, at the hands of the applicant, is leviable on the amount representing the employees portion of canteen charges, which is collected by the applicant from employees and paid to the Canteen Service Provider.

GUJ/GAAR/R/2022/03 dated 07.03.2022

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97(2)(e)& (g)
1044 M/s Acme Holding Gujarat

1.For the Job work done during F. Y. 18-19, whether the invoice raised by the applicant considered to be a valid tax invoice as per provisions of GST law?
2.Whether the taxpayer is rightful to recover the tax from principal supplier of goods upon issuing a ‘tax invoice’ as per provision of the law subsequently?
3.In continuation of question 2, whether the recipient can claim ITC?

GUJ/GAAR/R/2022/07dated 07.03.2022

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97(2)(d) &(e)
1045 M/s Vividha Infrastructure Pvt. Ltd Punjab

Whether amount received as interest free non-refundable maintenance deposit (IFMD) pursuant LO common area maintenance services agreement executed by the applicant (Promoters) with the allottees of industrial plots sold is taxable under the GST Law.

AAR/GST/PB/14 dated 03.03.2022

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97(2)(e) & (g)
1046 M/s Vividha Infrastructure Pvt. Ltd Punjab

(i)Whether the transmission and distribution of electricity as a franchisee of PSPCL charged to its consumers based on approved tariff is exempt in applicant's hands?

(ii)What will be the rate of GST on following Tariff based charges which will be required to be mentioned in the bills to be issued to consumers of electricity as under:

(a) Energy Charges

(b) Fuel Cost Adjustment

(c) Additional Surcharge

(d) Electricity Duty

(e) Municipal Tax

(f) Infrastructure Development Fund

(h) Cow Cess

(i) Other Charges mentioned above

(iii) Is there any GST liability on Refundable Security Deposit (Consumption) & Refundable Security Deposit (Meter) collected from the intended consumers of electricity?

(iv) Are service connection charges (one time) taxable under GST when collected from intended consumers fo

setting up distribution and supply infrastructure, sub-station, equipment and other materials?

(v) Will there be any GST liability of Franchisee (applicant) on rebate (as mentioned in clause 15 of Franchisee Agreement) for rendering services of distribution and supply of electricity, billing and collection and maintenance of lines etc.?

AAR/GST/PB/15 dated 03.03.2022

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97(2)(e)
1047 M/s Italian Edibles Pvt. Ltd Madhya Pradesh

Whether the product marketed under brand name "Ber Berry", manufactured and supplied by the applicant, containing the ingredients jujube fruit sugar, salt, permitted preservative (E-211) and mixed spices, should be classified under the Tariff Heading 0810 as Jujube fruit (Ber/Bore) or under Tariff Heading 0811 as fruits cooked by steaming or under the Tariff Heading 2008 as fruits, otherwise prepared or preserved containing added sugar?

MP/AAR/03/2022 Dated 03.03.2022

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97(2) (a)
1048 M/s. Siddhartha Constructions Telangana

1. In view of the services provided by the applicant to TSIIC., is the applicant eligible to avail the concessional rate of GST at 12% as prescribed in of S. No. 3 (vi) of the Notification No. 11/2017 Central Tax (Rate) dated 28.06.2017, as amended by?

2.If not, what is the appropriate rate and classification of GST to be charged by the applicant?

TSAAR Order No. 12/2022 Dated 02.03.2022

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97(2) (b)
1049 M/s. Siddhartha Constructions Telangana

1. In view of the services provided by the applicant to TSIIC., is the applicant eligible to avail the concessional rate of GST at 12% as prescribed in of S. No. 3 (vi) of the Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017, amended by? 2. If not, what is the appropriate rate and classification of GST to be charged by the applicant?

TSAAR Order No. 11/2022 Dated 02.03.2022

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97(2) (b)
1050 M/s. Siddhartha Constructions Telangana

1. In view of the services provided by the applicant to TSIIC., is the applicant eligible to avail the concessional rate of GST at 12% as prescribed in of S. No. 3 (vi) of the Notification No. 11/2017-Central Tax (Rate) dated

28.06.2017, amended by? 2. If not, what is the appropriate rate and classification of GST to be charged by the applicant?

TSAAR Order No. 10/2022 Dated 02.03.2022

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97(2) (b)