Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1291 M/s. Deccan Transco Leasing Private Limited Telangana

Is GST liable to be paid on leasing of tank containers taken form a supplier i.e., lessor who is located outside India and the tank containers do not reach India? As it is finance lease, it is supply of goods and tank containers do not reach the Indian Territory.

TSAAR Order No. 08/2021 Date. 17.08.2021

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97 (2) (e&g)
1292 ESMARIO MARINE PRIVATE LIMITED Tamil Nadu

1. Whether the supply of goods under HSN Code 8407 while principal supply is for fishing boats and vessels applying 5% GST rate is correct or not.

2. As per the earlier Advance Rulings issued in various states and circular issued from Ministry of Finance (Revenue Department) it clearly states that the GST liability for HSN 8408 is only 5% when it is supplied to fishing boats and vessels even though it is in higher taxable rate of 28% GST under the GST Schedule. Why it cannot adopt the same for HSN 8407 marine engines.

3. Goods of supply under HSN code 8409, 8483, 8902, 8487, 8501, 8502, 8415, 8418, 8413 which is also supplied to fishing boats and vessels mainly. Whether it can be adopted as per the circular.

TN/32/ARA/2021 Dated 17.08.2021

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97(2) (a)
1293 M/s. Efkon India Private Limited Telangana

Application was withdrawn by applicant.

TSAAR Order No. 07/2021 Date. 16.08.2021

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1294 M/s. Gujarat State Road Development Corporation Gujarat

1.GSRDC is a Government Entity.
2.In addition to being a Government Entity, GSRDC shall also be a Government Authority, in such cases when it constructs
Municipal Roads/ bridges; Village Roads/bridges.

GUJ/GAAR/R/42/2021 dated -11/08/2021

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97(2) (a), (b), (e) and (g)
1295 M/s. Petronet LNG Ltd. Gujarat

Petronet’s activity of re-gasification of LNG owned by its GST registered customers amounts to rendering of service by way of Job Work and merits to be covered at  entry ‘id’ of Heading 9988 at Sl. No. 26 of Notification No. 11/2017-CT (rate) dated 28.06.2017, as amended, liable to CGST at 6% .

GUJ/GAAR/R/40/2021 dated - 11/08/2021

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97(2) (a)(b)
1296 M/s. Willmart Enterprise ( Meenaben B Kukadia) Gujarat

1.‘Ammonium Sulphate’ is classifiable at HSN 310221.
2.GST of 5% is leviable on Ammonium Sulphate supplied for direct use as fertilizers or used in the manufacturing of complex fertilizers for agricultural use (soil or crop fertilizers). 
3.GST of 18% is leviable on Ammonium Sulphate supply for other than fertilizer use.

GUJ/GAAR/R/41/2021 dated- 11/08/2021

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97(2) (a) ( e )
1297 M/s. Adama India Private Limited Gujarat

CSR activities, as per Companies (CSR Policy) Rules, 2014 are those activities excluded from normal course of business of the applicant and therefore not eligible for ITC, as per Section 16(1) of the CGST Act.

GUJ/GAAR/R/44/2021 dated -11/08/2021

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97(2) ( d )
1298 M/s. Kababhai Popatbhai Savalia (Shreeji Earth Movers) Gujarat

GST rate on subject supply is 18% for services supplied by the sub-sub-contractor to sub-contractor M/s Radhe and supply merits entry at Heading 9954, Entry No 3(ii) of Notification No.11/2017-CT(R) dated 28-6-17.

GUJ/GAAR/R/43/2021 dated -11/08/2021

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97(2) ( a ) ( e )
1299 M/s. The Leprosy Mission Trust India Tamil Nadu

Whether services provided under vocational training courses recognized by National Council for Vocational Training ( NCVT) or State Council of Vocational Training (SCVT) is exempt either under Entry No. 66 of exemption list of Goods and Service Tax Act 2017 or under Educational Institution defined under Notification 12/2017 Central Tax (Rate)

TN/30/ARA/2021 Dated 10.08.2021

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97(2)(b)
1300 M/s Padmavathi Hospitality & Facilities Management Service Tamil Nadu

1. Whether services provided by Padmavathi Hospitality & Facilities Management Services (PHFMS) to DME are classifiable as a function entrusted to a Panchayat or a Municipality under the constitution? If not then can we conclude that no exemption is available to PHFMS?

2. Whether services provided by PHFMS to DME is exempted under Sl.No.3 of Notification 12/2017 Central Tax dated 28.06.2017 read along with amendment dated 25.01.2018?

3. Whether Services provided by PHFMS to DME including institutions of Government Hospitals and colleges are liable for GST or not? If yes, what is the rate of GST applicable to these services

4. Whether services rendered by PHFMS to DME can be classified as pure services or Composite Supplies?

TN/31/ARA/2021 Dated 10.08.2021

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97(2) (a)