Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1671 M/s. Posiedon Hydro Infratech Gujarat

1.The confirmation requested is whether GST is applicable for the consultancy services rendered by various consultancy agencies to SardarSarovar Narmada Nigam Limited(SSNNL)?
If such consultancy servicesis exempted from GST, whether the sub-consultant is also exempted from the payment of GST?  If not, what is the rate of GST applicable to the sub-consultant?

GUJ/GAAR/R/83/2020dated 17.09.2020

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97(2)(b)& (e)
1672 M/s. Shree Arbuda Transport Gujarat

1.If we want to provide all above services for a “Single consolidated Rate” as a package, whether such supply would be treated as “Mixed supply” as per the provisions of Section 2(74) of the CGST Act, 2017, since the services are not naturally bundled and are capable of being provided independently? Or it shall be treated as “Composite supply”?
2.What shall be the applicable HSN code and corresponding GST Rate for such bundle of services?(Highest Rate of Service in the bundle is 18%).
3.Whether the firm shall be eligible to avail ITC on the following:
-Regarding GST paid on Commercial vehicles & Repair & maintenance cost of such vehicles used for transportation of goods/containers.

-ITC on inward supply from CFS/Port/Labour contractor etc. related to such packaged outward supply.

Whether the Exporter client shall be eligible to claim refund of the GST paid by them on our outward supply invoices?

GUJ/GAAR/R/82/2020dated 17.09.2020

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97(2)(a),(b), (d)&(e)
1673 M/s Shree Swaminarayan Foods Pvt. Ltd. Gujarat

Whether any tax is payable in respect of sale of Fryums manufactured by the applicant? And if the answer is in the affirmative, the rate of tax thereof?(Rate 18%  (CGST 9% + GGST 9% or IGST 18%)

GUJ/GAAR/R/81/2020dated 17.09.2020

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97(2)(a),(b)&(e)
1674 M/s. Stovec Industries Ltd. Gujarat

Question 1. Whether, in the facts and circumstances, the specified transaction of the Applicant should be categorized as individual supply or composite supply of service as per the Central Goods and Services Tax Act, 2017 and the Gujarat Goods and Services Tax Act, 2017?

Question 2. Whether, in the facts and circumstances, the specified transaction of the Applicant is to be reckoned as being provided to SPA or to the customers of SPA located in India?

Question 3. - Whether, in the facts and circumstances, the specified transaction of the Applicant could be categorized as that of an “intermediary” as per Section 2(13) of The Integrated Goods and Service Tax Act, 2017?

Question 4. - Whether, in the facts and circumstances, the specified transaction qualifies to be “Export of service” as per Section 2(6) of The Integrated Goods and Services Tax Act, 2017?

GUJ/GAAR/R/70/2020dated 17.09.2020

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97(2)(e)&(g)
1675 M/s ShuklaAsharImpexPvt. Ltd. Gujarat

The product i.e. ‘AAYUDH-MOSX’, is a mosquito repellent and hence, it is classifiable under Chapter Heading No. 3808 91 91 of the Customs Tariff Act, 1985, attracting GST @18% (CGST-9%+ SGST-9%).

GUJ/GAAR/R/80/2020dated 17.09.2020

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97(2)(a)
1676 M/s Jinmagal Corporation Gujarat

1. Whether the one time long term lease premium payable/paid by the Jinmangal Corporation to Ahmedabad Urban Development Authority is supply and thus liable to pay tax as pr Section7?

2. Whether Jinmagal Corporation is required to discharge pay tax under Reverse Charge Mechanism in accordance to Section 9(3) on one time lease premium payable to AUDA in light of notification No. 13/2017 as amended by 05/2019.

3. Whether the annual lease premium Payable/paid by the applicant is supply?

4. Whether Jinmangal Corporation is required to discharge/tax under Reverse Charge Mechanism in accordance to Section 9(3) on one time lease premium payable to AUDA in light of Notification No. 13/2017 as amended by Not. No. 05/2019.

GUJ/GAAR/R/64/2020dated 17.09.2020

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97(2)(b)&(e)
1677 M/s. Jayant Food Products Gujarat

Question: Under which tariff Heading PAPAD of different shapes and sizes manufactured/ supplied by the applicant would attract CGST and SGST? ‘Un-fried Fryums’ 18% (CGST 9% + GGST 9% or IGST 18%)

GUJ/GAAR/R/65/2020dated 17.09.2020

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97(2)(a)&(e)
1678 M/s. BarakatbhaiNoordinbhai Gujarat

Whether any tax is payable in respect of sale /supply of Fryums manufactured by the applicant? And if the answer is in affirmative, the rate of tax thereof? ‘Un-fried Fryums’ 18% (CGST 9% + GGST 9% or IGST 18%)

GUJ/GAAR/R/66/2020dated 17.09.2020

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97(2)(a),(b)&(e)
1679 M/s. Jayant Snacks and Beverages Pvt. Ltd., Gujarat

Question: Under which tariff Heading PAPAD of different shapes and sizes manufactured/ supplied by the applicant would attract CGST and SGST? ‘Un-fried Fryums’ 18% (CGST 9% + GGST 9% or IGST 18%)

GUJ/GAAR/R/67/2020dated 17.09.2020

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97(2)(a)&(e)
1680 M/s Air Control and Chemical Engineering Co. Ltd Gujarat

Question-1: Clarification in details is sought with regard to the GST rate applicable regarding the “Supply, Testing and Commissioning of 160 TR Chilled Water Plant to Naval Dockyard (Vishakhapatnam).

Question-2: Clarification in details is sought with regard to the HSN/SAC code applicable regarding the “Supply, Testing and Commissioning of 160 TR Chilled Water Plant” to Naval Dockyard (Vishakhapatnam).

Question-3: Clarification is also sought on applicability of the Notification No. 01/2017-IT (Rate), S. No. 252 (Any Chapter) whether Chillar Water Plant may be categorised as “Any Parts” and subject to GST @ 5% under HSN 8906.

GUJ/GAAR/R/72/2020dated 17.09.2020

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