Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1581 IBM India Private Limited Karnataka

i. Whether the value of assets which are outside the purview of GST is required to be included in the value of assets for the purpose of apportionment towards transfer of input tax credit in case of de-merger in terms of Section 18(3) of CGST Act, 2017 read with Rule 41(1) of CGST Rules, 2017?
ii. If the answer to Question
(i) is yes, whether following assets are required to be considered for the purpose of determining the value of assets for apportionment towards transfer of input tax credit in case of de-merger in terms of Section 18(3) of CGST Act, 2017 read with Rule 41(1) of CGST Rules, 2017:
a) Assets which are created only to comply with the requirements of the Accounting Standards;
b) Assets which are not being transferred as part of de-merger.
iii. If the answer to Question I and / or 2 are yes, whether the assets which are not attributable to any particular GSTIN be considered in the GSTIN of the head office of the Company for the purpose of computation of asset ratio?

KAR/ADRG/47/2021 dated 30-07-2021

(Format: pdf, Size: 6.03 मेगा बाइट)

97(2)(d)
1582 Sadanand Manpower Service Karnataka

1. Whether Labor supply to Government Departments from a Register dealer under GST Act like providing Drivers, Peons, Housekeeping Data Entry operators and other clerical staff attracts exemption fron levy of GST as per Notification Nos.11/2017-CT(Rate) and 12/2017CT(Rate) both dated 28th June 2017.
2. Whether above said supply of services covered under “Pure Labor Services” as per Service Accounting Code (SAC) under chapter No.99.
3. The dealer apply for work as per tender (E-procurement) as a “Contractor to supply labour” and TDS as per Income tax Act deducted U/s 194C (As a Contractor or Sub-Contractor) @ 1%. So, why not dealer to be treated as a Contractor under GST Act 2017 also?

KAR/ADRG/46/2021 dated 30-07-2021

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97(2)(b)(e)
1583 Goodwill Auto's Karnataka

GST applicability of cost of the diesel incurred for running DG Set in the course of providing DG Rental Service?

KAR/ADRG/44/2021 dated 30-07-2021

(Format: pdf, Size: 1.78 मेगा बाइट)

97(2)(e)
1584 Kitchen Express Overseas Ltd. Gujarat

    
The products i.e.  Gota Flour ii. Khaman Flour iii.  Dalwada Flour iv. Dahiwada Flour v.  Dhokla Flour vi.  Idli Flour and vii.  Dosa Flour are classifiable under HSN. 2106 90(Others) attracting 18% GST (9% CGST + 9% SGST) as per Sl. No. 23 of Schedule-III to the Notification No.01/2017-Central Tax (Rate) dated 28-6-2017.

GUJ/GAAR/R/32/2021 dated 30.07.2021

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97(2)(a) & (e)
1585 Inox Air product Pvt Limited Tamil Nadu

Whether INOX would be entitled to avail and utilize ITC of GST Charged by IPL if such transaction is considered to be a supply

TN/25/AAR/2021 DATED 30.07.2021

(Format: pdf, Size: 591.28 किलोबाइट)

97(2)(d)
1586 Aishwarya Earth Movers Karnataka

i. Whether the applicant is liable to collect and pay goods and services tax on amount received from the PWD Department as per revised estimate in respect of work namely "Construction of bridge across Kumaradhara river on Kudmar Shanthimogru Sharavoor Alankar Road at KM 1.20 in Shanthimogaru of Puttur Taluk?
ii. Whether the applicant is liable to collect and pay goods and services tax on amount received from the Executive Engineer, Public Works, Inland Water Transport Department, Mangalore Division or
iii. Whether the PWD Department is liable to pay Goods and Service Tax under the GST Act or VAT Tax under Karnataka Value Added Tax Act?

KAR/ADRG/43/2021 dated 30-07-2021

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97(2)(c)
1587 Starworth Infrastructure and Construction Limited Karnataka

Whether the construction service provided by the Applicant to M/s Provident Housing Ltd., under the project ‘Provident Neora, & Provident Capella” & to M/s Puravankara Ltd., under the project Provident Parksquare” qualifies for application of lower rate of CGST @ 6% and SGST @ 6% as provided in Sl.No.3-Item (V) sub item(da) vide Notification No.11/2017-CT (Rate) dated 28.06.2017?

KAR/ADRG/42/2021 dated 30-07-2021

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97(2)(b)(d)
1588 Premier Tissues India Limited Karnataka

Whether the supply of tissue papers by the applicant is covered under Serial No.112 of Schedule II of the Rate Notification No.01/2017 Central Tax (R) and therefore, is leviable to GST at the rate of 12%?

KAR/ADRG/41/2021 dated 30-07-2021

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97(2)(a)
1589 Bindu Projects & Co Karnataka

Applicability of GST rates for works contact services doing original works with South Western Railways?

KAR/ADRG/40/2021 dated 30-07-2021

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97(2)(b)
1590 Dakshina Kannada Co-Operative Milk Producers Union Ltd Karnataka

1. Whether Stainless Steel cans of 40 Liters capacity is liable to be classified under HSN code 7310 or 7323?
2. Whether flavored milk is liable to be classified under HSN code 0402 99 90 or under 2202 99 30?
3. Whether milk cream is liable to be classified under HSN code 0403 or 0401?
4. Whether cold coffee is liable to be classified under HSN code 0402 99 90 or under 2202 99 30?
5. Whether provision of subsidized lunch and refreshments to employee through contractors is to be treated as supply and if yes under which tarrif classification it has to be classified?

KAR/ADRG/39/2021 dated 30-07-2021

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97(2)(a)(g)