Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1901 M/s. DEC Infrastructure and Projects (I) Pvt. Ltd. Andhra Pradesh

1.Whether the above work of APIIC executed by the applicant after 22.08.2017 falls under the 18% rate of tax or 12% rate of tax?

2.If the work falls under 18% Rate of tax, then can the advance ruling authority guide the APIIC authority to reimburse the GST amount to the construction agency?

3.If the work falls under 12% Rate of Tax, then can we claim the refund of the GST amount which was paid excess while filing the GST returns from the CGST and SGST authority? (While filing the GST returns Tax paid @18%)

AAR No. 02/AP/GST/2020 dated:17.02.2020

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97(2)(b)& (e)
1902 M/s Parag Polymers Uttar Pradesh

Classification of Coach Work like Roof Mounted AC Package Unit for passenger coaches.

UP_AAR_56 dated 14.02.2020

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97(2)(a)
1903 M/s SaryuBabu Engineer India Pvt. Ltd. Uttar Pradesh

Q-1 Whether the Project Development Service (i.e. Detailed Project Report Service) and Project Management Consultancy services (PMCS) provided by the applicant to recipient under the contract from State Urban Development Authority (herein after referred as “SUDA”) and the PMC under the contract for PradhanMantriAwasYojna (PMAY in short) would qualify as an activity in relation to function entrusted to Panchayat or Municipality under Article 243G or Article 243 W respectively, of the Constitution of India?

Q- 2-If answer to first question is in affirmative, whether, such services provided by the applicant would qualify as Pure service (excluding works contract service or composite supplies involving supply of any goods) as provided in serial number 3 of Notification No. 12/2017- Central Tax (Rate) dated 28-06-2017, as amended (S. No. 3A) by Notification No. 2/2018- Central Tax (Rate) dated 25 January, 2018 issued under Central Goods and Service Tax Act, 2017 and corresponding Notifications No. K. A.N.I.-2-843/X1-9(47)/17-U.P. Act-1-2017-order- (10)-2017 Lucknow, dated June 30, 2017 issued under Uttar Pradesh Goods and Services Tax Act, 2017 (UPGST Act), where the Project cost includes the cost of service rendered along with reimbursement of cost of procurement of goods for rendering such service, and thus, be eligible for exemption from levy of CGST and UPGST, respectively.

UP_AAR_53 dated 11.02.2020

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97(2)(a)
1904 M/s SaryuBabu Engineers For Resource Development Uttar Pradesh

Q-1 Whether the Project Development Service (i.e. Detailed Project Report Service) and Project Management Consultancy services (PMCS) provided by the applicant to recipient under the contract from State Urban Development Authority (herein after referred as “SUDA”) and the PMC under the contract for PradhanMantriAwasYojna (PMAY in short) would qualify as an activity in relation to function entrusted to Panchayat or Municipality under Article 243G or Article 243 W respectively, of the Constitution of India?

Q- 2-If answer to first question is in affirmative, whether, such services provided by the applicant would qualify as Pure service (excluding works contract service or composite supplies involving supply of any goods) as provided in serial number 3 of Notification No. 12/2017- Central Tax (Rate) dated 28-06-2017, as amended (S. No. 3A) by Notification No. 2/2018- Central Tax (Rate) dated 25 January, 2018 issued under Central Goods and Service Tax Act, 2017 and corresponding Notifications No. K. A.N.I.-2-843/X1-9(47)/17-U.P. Act-1-2017-order- (10)-2017 Lucknow, dated June 30, 2017 issued under Uttar Pradesh Goods and Services Tax Act, 2017 (UPGST Act), where the Project cost includes the cost of service rendered along with reimbursement of cost of procurement of goods for rendering such service, and thus, be eligible for exemption from levy of CGST and UPGST, respectively.

UP_AAR_54 dated 11.02.2020

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97(2)(a)
1905 M/s RishabhGargRaghavGarg HUF Uttar Pradesh

“Other Sleeping bag, filled and / or quilted with other textile material (excluding filling of Feathers or down)” falling  under  Chapter Heading 94043090 and attract GST at the rate of 12% Adv. (6%CGST & 6%SGST).

UP_AAR_55 dated 11.02.2020

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97(2)(e)
1906 M/s Unty Trader Madhya Pradesh

1. Whether ITC of GST paid on goods purchased for the purpose of construction & maintenance of Warehouse such as Vitrified Tiles, marlble, Granite, ACP sheet, Steel Plates, TMT Tor(saria), Bricks, Cement, Paint and other construction mateerial can be claimed in full?                    

2.Whether ITC of GST paid on work contract service received from registered & unregistered Contractor for construction & maintenance contract of building can be claimed infull?                          

3. Whether ITC of GST paid on goods purchased & works contract service received during the FY 2017-18 for the purpose of construction & maintenance of Watehouse can be claimed in full?

MP/AAR/06/2020 dated 10.02.2020

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97(2)(d)
1907 M/s Sakshi Jhajharia West Bengal

Whether crushing of grains for distribution through PDS is exempt supply

48/WBAAR/2019-20 dated 10.02.2020

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97(2)(b)
1908 JAI LOKENATH FLOUR MILLS PRIVATE LIMITED West Bengal

What is the value of supply of services provided by the applicant for conversion of wheat provided by the State Government into atta/ fortified atta, for distribution by the State Government through Public Distribution System and what is the rate of tax applicable on the value of supply.

24/WBAAR/2022-23 dt 09.02.2023

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1909 M/s Latest Development Advisory Ltd. Rajasthan

Whether the applicant is required to pay GST on water charges collected from the customers for supply of water under Contract II?

RAJ/AAR/2019-20/ 32 Dated 07.02. 2020

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97(2)(b) & (e)
1910 Musashi Auto Parts India Pvt. Ltd. Haryana

1.     Musashi receives Inward Supply of Canteen Services for employees working in Manufacturing Unit and against the same distribute coupons to employees on subsidized price to avail canteen services. Question arise as under:
a)    Whether company is eligible to take Input Tax Credit on GST charged by vendor for Canteen Service availed by it for its employees?
b)     Whether distribution of Coupons among employees attracts GST Liability? If Yes, then under which SAC tax shall be deducted?
c)     Is it correct to determine the Fair market value of coupons based on the rate charged to employees?
2.     Company purchases edible items like Sweets, Dry fruits and gifts like electronics, gold & silver coins/articles etc. for the purpose of Business Promotion. Question arises as under:
a)      Whether Company is eligible to take Input Tax Credit on such business promotion expenses or not?

HAR/HAAR/2019-20/18 dated 04.02.2020

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97(2)(d)