Authority for Advance Ruling (AAR)

(a) Whether supply of food and beverages from the sweetmeats and bakery shop in the form of takeaways should be categorized as supply of goods? 

(b) Whether input tax credit should be eligible on the supply of items specified in question (a) above? 

(c) Whether supply of food items and beverages from the facility which offers the opportunity of eating at the same premises be classified as restaurant services attracting GST @ 5%? 

(d) Whether input tax credit can be availed on restaurant services provided in question (c) above? 

(e) Whether the applicant requires to reverse input tax credit in terms of Rule 42 and 43 of the CGST Rules 2017 in respect of common input tax credit?

 (f) Whether supply of catering services provided to an educational institution will qualify as an exempt supply?

Whether supply of drinking water to general public in unpacked/unsealed manner through dispensers/mobile tankers by a charitable organisation at a concessional rate is covered under exemption of GST as per Sl.No 99 of Notification 02/2017 – central tax (Rate) dated 28/06/2017?Sl.No.99. “Intra state supplies of Water [other than aerated, mineral, purified, distilled, medicinal, ionic, battery, demineralized and water sold in sealed container]”

Q-1 Classification of Coach Work like Switch Board Cabinet For Railways Coaches and Locomotives?

Ans- “Switch Board Cabinet” merits Classification under HSN 8537.

Whether the goodwill paid to the partners at the time of retirement is liable to be taxed under GST Act.

Whether education services provided by Great Lakes E-Learning Services Private Limited ("GLE") under collaboration agreement with PES University to offer professional Educationn and degree programs in emerging areas such as Data Science, Al. Machine Learning and other areas to students under related curriculums shall be exempt from CGST and KGST Act vide entry no.66 of the Notification No:12/2017-Central Tax dated 28.06.2017?

Whether the Applicant is liable to pay GST on amounts which it collects from its members for setting up the 'Sinding Fund'/Corpus Fund?

Determination of liability to pay tax on any goods and services or both

i) What is the Rate of tax required in respect of erecting and commissioning of lifts installed for domestic use.
ii) What is the Rate of tax required in respect of erecting and commissioning of escalators installed for domestic use.

The issue relates to applicability of Entry 7(i) of Notification No.11/2017-CT(Rate) dated-28.06.2017(as amended) & determination whether goods/services comes within the purview of composite supply and more specifically Restaurant services and attract GST @5% under the composite scheme.

The applicable rate of GST on the contract awarded by M/s NBCC(India) Ltd, an executing agency on behalf of M/s SAIL for construction of ISPAT Post Graduate Medical Institute and super speciality hospital at Rourkela Steel Plant for SAIL in the state of Odisha on Design, Engineering, Procurement and Construction(EPC) basis.