Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1191 Johnson Lifts Pvt. Ltd. Karnataka

a. Whether Sl.No.3(v)(b) of Notification 11/2017-CT(Rate)-6% CGST is available, when- (a) Such building consists of more than one residential unit and falls under the definition of "residential complex" But the Applicant, vide their letter dated 26.08.2021, informed this authority that they withdraw their application, filed for advance ruling. Further the applicant has to discharge fee of Rs.5,000/- each under CGST Act 2017 as well as the KGST Act 2017 as per Section 97(1), whereas the applicant has discharged the fee of Rs.5,000/- under the KGST Act 2017 only and hence the instant application is liable for rejection under Section 98(2) of the CGST Act 2017. .

KAR/ADRG/69/2021 dated 29-11-2021

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97(2)(b)&(e)
1192 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)
1193 Bank Note Paper Mill India Pvt. Ltd Karnataka

a. Applicability of GSTon Liquidated damages for delay in supply as penalty (this is in nature of penalty)
b. Applicability of GST on Liquidated damages for compensation of extra cost on account of default from the supplier (this is in the nature of abetment to the cost of purchase)c. Applicability of GST on sale of tender form/fees for participation in the tender. This being a nominal fees collected just to have seriously interested participation. (this is in the form of avoiding non-serious participation) But the Applicant, vide their letter dated 25.08.2021, has requested this authority to quash the application filed for advance ruling, quoting the reason that they have already got the clarity on the applicability of GST on the transactions for which advance ruling was sought and that they do not require any further proceedings. Further the applicant has to discharge fee of Rs.5,000/- each under the CGST Act 2017 as well as KGST ct 2017 as per Section 97(1), 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 the CGST Act 2017. The application filed by the Applicant for advane ruling is hereby rejected for the reasons mentioned above.

KAR/ADRG/70/2021 dated 29-11-2021

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97(2)(g)
1194 Maddi Sumalatha, Prop. M/s Sri. Venkataramana Agencies. Karnataka

"Rate of GST applicable to "Areca Leaf Plates" Machine pressed) But the Applicant, vide their email dated 29.10.2021, has informed this authority that they wish wish to withdraw their application. 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 the 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 the CGST Act 2017. The application filed by the Applicant for advane ruling is hereby rejected for the reasons mentioned above.

KAR/ADRG/71/2021 dated 29-11-2021

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97(2)(a)&(e)
1195 Pavan Ventures. Karnataka

a. The firm supplies food in a day out package along with sports and adventure activities, whether it constitutes mixed supply? If yes, what is the rate of GST? 
b. If services provided on a day out package along with food, what is the GST rate? Or can food be charged at 5% GST? 
c. If a customer avails only restaurant facility, what is the GST rate? 
d. When the room tariff is below Rs.7,500/- per day, what is the GST rate for room rent and what is the GST rate for the food supplied to room? 
e. The corporate companies book rooms/halls for their meetings & other occasions where food is supplied as complementary, whether it constitutes mixed supply if yes, what is the rate of GST? Or can GST of 5% be charged for the food seperately?
f. If any person avails only restaurant facilities only, what is the percentage of GST? But the Applicant requested to permit them to withdraw the application filed for advance ruling vide their letter dated 24.08.2021. Hence the application filed by the appliclant for advance ruling is disposed off as withdrawn.

KAR/ADRG/72/2021 dated 29-11-2021

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97(2)(a)(c)(d)(e)&(g)
1196 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)
1197 M/s Abhay Singh Gill Chhattisgarh

Admissibility of Input Tax Credit of GST @ 18% mentioned in the rent bill issued by the service provider who has provided buses on rent to the applicant

STC/AAR/07/2021 Dated 25.11.2021

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97 (2), (d)
1198 M/S MANUPATRA INFORMATION SOLUTIONS PVT-LTD Uttar Pradesh

Ques-As per notification  no. 12/2017-Centeal Tax(Rate) dated 28th June 2017 further amended by notification no. 02/2018-Central Tax(Rate) dated 25th January 2018, against Serial number 66; Services provided-

(b) to an educational institution, by way of-

“(v) supply of online educational journals or periodicals:”; is taxed at NIL rate.

This has created confusion as some law schools are insisting that GST is not applicable to them on account of the above Notification as amended.

We would like to know if our services referred above are covered by the above amendment. If the answer is in the affirmative, do we charge GST at NIL rate?

Ans- Replied in Negative.

UP_AAR_87 dated 25.11.2021

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97(2)(b)
1199 M/s Chhattisgarh Anusuandhan & Vikas Firm Chhattisgarh

GST liability and tax rate on the services of provision of technical personal, data operator, house keeping service etc to different state and Central Government Departments.

STC/AAR/05/2021 Dated 25.11.2021

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97 (2)( e )
1200 M/s. SUMMIT ONLINE TRADE SOLUTIONS PRIVATE LIMITED Maharashtra

As the Lottery of any State Government is purchased by the Distributor cum selling agent and the sold in the State of Maharashtra through various sub distributors, whether the Distributor cum selling agent is liable to remit CGST / SGST or IGST ( on reverse charge basis).

GST-ARA-54/2019-20/B- 100 ,Mumbai, dt. 24.11.2021

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97(2)(e) (a),(b), (c), (e) & (g)