Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1761 T & D Electricals Karnataka

1. Whether separate registration is required in Karnataka state ? If yes, whether agreement would suffice as address proof since nothing else is with the assesse and service recipient will not provide any other proof?
2. If registration is not required in Karnataka state and if we purchase goods from dealer of Rajasthan and want to ship goods directly from the premises of dealer of Rajasthan to township at Karnataka then whether CGST & SGST would be charged from us or IGST by the dealer of Rajasthan ?
If registration is not required in Karnataka state and if we purchase goods from dealer of Karnataka to use the goods at township at Karnataka then whether IGST would be charged from us or CGST & SGST by the dealer of Karnataka?
3. What documents would be required with transporter to transit/ship material at Karnataka site from dealer/supplier of Rajasthan and in case of dealer/supplier is of Karnataka. Advance ruling may kindly be issued in case of registration is required or not required in both the situation?

KAR/ADRG/18/2020 dated 31-03-2020

(Size: 2.13 मेगा बाइट)

97(2)(b)
1762 NMDC Rectification of mistake order (ROM) Karnataka

Rectification order passed under section 102 of the CGST/KGST Act 2017

KAR/ADRG/ROM-01/2020 dated 23-03-2020

(Size: 762.14 किलोबाइट)

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1763 Sri. Taghar Vasudeva Ambrish Karnataka

1. Whether exemption prescribed under entry number 13 of notification no. 9/2017- integrated tax (rate) dated. 28thJune, 2017 can be sought and the lessors (here AmbrishVasudeva and 4 others) need not charge GST while issuing the invoice for the lease service to m/s. DtwelveSpaces Pvt. ltd.
2. Whether the lease service falls under the Exemption prescribed and can be described as “Services by way of renting of residential swelling for use as residence”? as listed in the aforesaid Notification.

KAR/ADRG/17/2020 dated 23-03-2020

(Size: 2.15 मेगा बाइट)

97(2)(b)
1764 Megha Agrotech Private Limited Karnataka

a) Whether under section 15(2)(e) of CGST Act, for calculating “value if taxable supply”, the subsidy amount granted to the farmer by Horticulture / Agriculture / Sericulture Department of Government of Karnataka under PMKSY scheme or any other Central / State Government approved schemes but disbursed to the supplier to be treated as “subsidy” in the hands of the supplier and to be excluded while ascertaining the “transaction value”?
b) Whether the question of inclusion or exclusion of subsidy amount in the value of taxable supply would arise under Section 15(2) of the CGST Act, when such subsidy is not impacting the transaction value, which is price actually paid or payable for the supply of goods by the customer i.e., farmers and when the subsidy is disbursed by Horticulture / Agriculture / Sericulture Department to the supplier on behalf of recipient of the supply (farmers)?
c) Whether supplier would be entitled to refund of input tax credit accumulation, which may arise if subsidy is not treated as part of taxable value?

KAR/ADRG/16/2020 dated 23-03-2020

(Size: 2.09 मेगा बाइट)

97(2)(c)(d)(e)
1765 Attica Gold Pvt. Limited Karnataka

a) Whether applicant dealing in second hand goods and tax is to be paid on the difference between the selling price and purchase price as stipulated in Rule 32(5) of CGST Rules, 2017 if dealer purchases used / second hand gold jewellery from individuals who are not dealers under the GST and at the time of sale there is no change in the form/ nature of goods?b) Whether ITC is allowed to be claimed if purchases are made from the dealer from whom marginal scheme if applicable?

KAR/ADRG/15/2020 dated 23-03-2020

(Size: 2.41 मेगा बाइट)

97(2)(d)(e)
1766 C Ramappa Karnataka

"Whether letting out the residential dwelling to a firm results in supply of service"

KAR/ADRG/14/2020 dated 20-03-2020

(Size: 563.64 किलोबाइट)

97(2)(h)
1767 M/s. MagnamNetlink Private Limited. Gujarat

Applicability of a notification issued under provisions of CGST Act (works contract for units processing milk(dairy)

GUJ/GAAR/R/06/2020 dated 19.03.2020

(Size: 94.82 किलोबाइट)

97(2)(b)
1768 Madhurya Chemicals Maharashtra

A.  Whether the classification of ‘Shatamrut Chyavan’ falling under TSH 2309 90 10 of Customs Tariff Act, 1975 as adopted to GST attracting ‘NIL’ rate (0%) of IGST (0%) CGST + (0%) SGST) as per List of Exempted Goods as per Sr. No. 102 of Notification No. 02/2017 - Central Tax (Rate) dated 28.06.2017 is correct or not?

B. Whether the goods falling under TSH 2309 90 10 of Customs Tariff Act, 1975 as adopted to GST can be treated as ‘waste of sugar manufacture, whether or not in the form of pellets under heading 2303’ attracting 5% of IGST (2.5% CGST + 2.5% SGST) as per Schedule I (Sr. No. 104) of Notification No. 01/2017 - Central Tax (Rate) dated 28.06.2017 or not?

GST-ARA-33/2019-20/B-40 , Mumbai, dated 18.03.2020

(Size: 1.95 मेगा बाइट)

97(2)(a)
1769 Sundharams Private Ltd Maharashtra

Whether it is entitled to avail Input tax credit under CGST/SGST Act in respect of taxes to be paid on its purchase of Paver Blocks laid on the land?

GST-ARA-36/2019-20/B- 41 , Mumbai, dated 18.03.2020

(Size: 2.72 मेगा बाइट)

97(2)(d)
1770 Apar Industries Limited Maharashtra

When goods i.e. Marine / Pressure Tight Cables/ Non Pressure Tight Cables, falling under Chapter 8544 are manufactured & designed especially for use for Defence Ministry in their Warship as Parts of Warship, what will be the Determination of Tax Liability on such supply?

2. Whether GST @5% is applicable in terms Sr. No: 252 of Schedule-1 of the Notification No.1/2017 Integrated Tax (Rate) dated 28.06.2017? 

GST-ARA-37/2019-20/B-42 , Mumbai, dated 18.03.2020

(Size: 3.26 मेगा बाइट)

97(2)(e)