Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1501 M/s. Rotary Club of Bombay Bayview Maharashtra

Whether the amount collected as membership subscription and admission fees from members is liable to GST as supply of services?

GST-ARA- 03/2020-21/B- 21 ,Mumbai, dated 22.06.2021

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97(2)(e)(f) & (g)
1502 M/s. Rotary Club of Bombay Hanging Garden Maharashtra

1. Whether the amount collected as membership subscription and admission fees from members is liable to GST as supply of services?

2. If the above receipts are liable to GST can the Club claim Input tax credit of the tax paid on Banquet & catering services for holding members meetings & various events?

GST-ARA- 05/2020-21/B- 22 ,Mumbai, dated 22.06.2021

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97(2)(d)(e) & (g)
1503 M/s. B P Sangle Constructions Pvt. Ltd. Maharashtra

Prior to appointed date, the applicant was also registered under service tax as well as VAT.  National Highway Authority of India (NHAI in short) invited proposals for development, maintenance and management of National Highway NO. 3 from 380 km to 440 km of NH No. 03. Finally the tender was awarded to the applicant for construction of said road vide NHAI letter dt. 01.05.2017. Activity to construct public road was exempted for service tax vide N No. 25/2012-ST dt 20.06.2012 When contract was awarded on VAT was payable @5% under composition scheme of VAT.  The Contract price was including of VAT.  Thus, on a contract price of Rs. 65,90,98,099.67/-, payable VAT tax was Rs. 3,13,85,623.23/- considering taxable value as Rs. 62,77,12,475.88 Crucial fact is that entire construction of road was started after 01.07.2017 i.e. during GST regime.  In above scenario, what will be transaction value u/s 15 of the Act on which GST be charged to NHAI? Rs. 62, 7712, 475/- or 65, 90, 98,099.67/-?

GST-ARA- 45/2020-21/B- 23 ,Mumbai, dated 22.06.2021

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97(2)(c)
1504 M/s. Schreiber Dynamix Dairies Private Limited Maharashtra

1. Whether such manufacture and supply of Flavoured Milk in Tetrapack are  classifiable under Chapter 4 more specifically under HSN 0402 99 90 taxable at 5 %  as per as per Serial No.8 of Notification No.1/2017 - C T (rate) dated 28.06.2017 as  amended read with the parallel notification in State GST or under 2202 99 30

2. Also as to whether “the job charges” would also attract 5 % under SAC Code  998815, for the job work activity of conversion of raw material (raw milk with or  without tetrapack material supplied by Principal for such conversion and by  using  applicant utilities and consumables) in to flavoured milk (put in Tetra pack  (at  times used by applicant), falling under SAC Code 998815, as per Serial No.26 (i) (f)  of Notification No.11/2017 CT (rate) dated 28.06.2017 as amended read with the  parallel notification issued in State GST.

GST-ARA- 121/2019-20/B- 24 ,Mumbai, dated 22.06.2021

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97(2)(a)(b) & (e)
1505 Saddles International Automotive & Aviation Interiors Private Limited Andhra Pradesh

Whether the product namely ‘Car Seat Covers’ merits classification under HSN 9401? If not, what is the correct classification applicable to ‘Car Seat Covers’?
Is Sl.No.435A of Schedule IV of the Notification No 1/2017-Central Tax (Rate) dt: 28.06.2017 applicable to ‘Car Seat Covers’? If not, what is the applicable entry under the said Notification?

AAR No. 15 /AP/GST/2021 dated: 21.06.2021

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97(2) b
1506 Tamil Nadu Labour Welfare Board Tamil Nadu

1. Applicability of GST registration to Tamil Nadu Labour Welfare Board
2. Applicability of GST towards the rental income received by the board from Government and business entities.
3. Applicability of Reverse Charge Mechanism for the rent on immovable properties received by the board from Government and business entities

TN/21/AAR/2021 dated 18.06.2021

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97(2)(e)
1507 Indian Institute of Management, Tiruchirapalli Tamil Nadu

1. Whether Indian Institute of Management, Tiruchirappalli(IIM) is a Government Entity under GST Law.
2. If the answer to question is in the affirmative, whether
2.1 The applicant is liable to deduct tax at source (TDS) under Section 51 of the CGST Act, 2017.
2.2 Whether the applicant is required to discharge Liability on reverse charge basis on supply of services as per Section 9(3) and 9(4) of the CGST Act, 2017.
2.3.Whether the entry provided as under is applicable
A) Serial No.3/3A of Notification 12/2017 is available to IIMT. 
B) Composite supply of works contract provided to the applicant is covered by Serial No.3 (vi) of Notification 11/2017 dated 28th June 2017.

TN/20/AAR/2021 dated 18.06.2021

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97(2)(b)
1508 National Institute of Technology, Tiruchirappalli Tamil Nadu

Whether National Institute of Technology, Tiruchirappalli (NITT) is a Government Entity under GST Law.
2.If the answer to question is in the affirmative, whether
a. The applicant is liable to deduct tax at source (TDS) under Section 51 of the CGST Act, 2017.
b. Whether the applicant is required to discharge Liability on reverse charge basis on supply of services as per Section 9(3) and 9(4) of the CGST Act, 2017.
3. Whether the entry provided under
  A. Sl.No3, 3A of Notification 12/2017 is applicable to them.
  B. Composite supply of works contract provided to the applicant is covered by    Sl.No.3(vi) of Notification 11/2017   dated 28.06.2017.

TN/22/AAR/2021 dated 18.06.2021

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97(2)(b)
1509 Kasipalayam Common Effluent Treatment Plant Private Limited Tamil Nadu

1. Whether the classification of the supply of outputs as sale of goods is correct.
2. Whether classification of water sold as Water (other than aerated, mineral, purified, distilled, medicinal, ionic, battery, de-mineralized and water solid in sealed container) under Heading 2201 is correct.
3. Whether classification of effluent purchased from dyeing as Other wastes from chemical or allied industries (3825 69 00) is correct.
4. Whether the method of arriving value for effluent using the net realization price method is correct as there are no comparable products and cost cannot be worked out.

TN/23/AAR/2021 dated 18.06.2021 97(2)(a)
1510 KLF Nirmal Industries Private Limited Tamil Nadu

1. Whether the company is eligible to take input tax credit as inputs/capital goods or input services of the items used in Design, Engineering, Supply, Execution (EPC)of 265KW Roof top Grid Solar PV Power Plant as per MNRE & IEC Standards
2. Whether the company is eligible to take input tax credit for inputs and services for running the solar plant.

TN/19/AAR/2021 dated 18.06.2021

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97(2)(d)