Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
1941 Shapoorji Pallonji and Company Private Limited. Tamil Nadu

1.Whether the Transitional Provisions under Section 142(11)(c), (Chapter XX) of TNGST Act, 2017/CGST Act, 2017 is correctly applicable for the remaining installments of “Mobilization Advance’, which transitioned into the GST regime and to be adjusted/deducted by the applicant  post the implementation of GST (i.e. Post July 1, 2017).
2.Whether, the applicant  would be liable to pay GST, under the provisions of the TNGST Act, 2017/CGST Act, 2017 and allied laws, on the installments of the ‘Mobilization Advance’, which has transitioned into the GST regime and adjusted /deducted by the applicant  post the implementation of GST (i.e. post July 1, 2017).
3.Whether, the applicant  would be eligible to avail Input tax Credit (ITC) on Service Tax paid which was transferred from Pre-GST period through TRAN-1 Return filed in terms of the section 142(11)(c), under Transitional Provisions (Chapter XX) of both TNGST Act, 2017/CGST Act, 2017.

TN/03/AAR/2020 dated 31.01.2020

application-pdf(Size: 912.11 किलोबाइट)

97(2)(e)
1942 Smt. KamalavadaniUdayakumar Tamil Nadu

Whether input tax credit can be claimed on works contract services when the output service is not for the purpose of sale but leasing out?

TN/02/AAR/2020 dated 31.01.2020

application-pdf(Size: 305.28 किलोबाइट)

NA
1943 Electroplating And Metal Finishers Tamil Nadu

1. Rate of Tax on GST for Platting.

2. SAC Number for Platting.

TN/06/AAR/2020 dated 31.01.2020

application-pdf(Size: 861.84 किलोबाइट)

97(2)(g)
1944 Tata Sia Airlines Ltd. Haryana

1.  Whether the charges in lieu of maintenance services recovered by the HO from the BO shall qualify as supply of service by the HO to BO?.
2.  Whether the input GST credit with respect to procurements referred to in this Application needs to be claimed by the Applicant under the normal GSTIN of the Company or the Applicant needs to take a separate GSTIN as an input service distributor to distribute the GST credits from HO to BO?

HAR/HAAR/2019-20/16 dated 29.01.2020

application-pdf(Size: 6.18 मेगा बाइट)

97(2)(d), (e) & (g)
1945 Sachdeva Colleges Ltd. Haryana

1. To determine the liability to pay GST/IGST tax on training to students at behest of Directorate of Welfare of Scheduled Caste and Backward Classes Department, Haryana by applicant under a training programme for which total expenditure is borne by State Government of Haryana which implement three types of scheme i.e. State Scheme, sharing basis, Centrally sponsored scheme especially in view of Entry No. 72 of the Haryana Government Excise & Taxation Department Notification No. 47/ST-2 Dated 30.06.2017 and whether this Entry grants exemption of GST on the Training of Students by Petitioner?
2.  Whether the Applicant is liable to be registered under the State of Haryana under HGST/CGST in view of facts and circumstances of present case?

HAR/HAAR/2019-20/19 dated 28.01.2020

application-pdf(Size: 2.21 मेगा बाइट)

97(2)(e) & (f)
1946 M/s Lakhpat Trading &Industrys Pvt Ltd Rajasthan

Classification of Goods to identify the HSN:-
1. GST rate on Copra i.e. edible dried coconut for human consumption
2. GST rate on Copra i.e. inedible dried coconut for expression of coconut oil
3. GST rate on Dried coconut not used in expression of coconut oil
4. GST rate on Dried coconut used in expression of coconut oil
5. GST rate on Desiccated Coconut i.e. dried and shredded flesh of coconut used for culinary purpose

RAJ/AAR/2019-20/31 dated 28.01.2020

application-pdf(Size: 2.2 मेगा बाइट)

97(2)(a)
1947 M/s Dwarikesh Sugar Industries Ltd. Uttar Pradesh

1. Whether expenses incurred by the company in order to comply with requirements of Corporate Social Responsibility (CSR) under the Companies Act, 2013 (CSR Expenses) qualify as being incurred in the course of business and eligible for input tax credit in terms of the Section 16 of the Central Goods and Services Tax Act, 2017 (‘CGST Act, 2017’)?

2. Whether free supply of goods as a part of CSR activities is restricted under Section 17 (5)(h) of CGST Act, 2017?

3. Whether  goods and services used for construction of school building which is not capitalized in the books of accounts is restricted under Section 17(5) (c)/17 (5) (d) of CGST Act, 2017?

UP_AAR_52 dated 22.01.2020

application-pdf(Size: 5.75 मेगा बाइट)

97(2)(d)
1948 M/s LAS Palmas Co-operative Housing Society Limited Maharashtra

1.  Whether the Applicant - a Co-operative Housing Society paying Goods and Services Tax (GST) on Maintenance Charges collected from its Members, shall be entitled to claim Input Tax Credit of GST paid on replacement of existing lift/ elevator at its own premises to the vendor registered under the Goods and Services Tax Act for manufacture, supply, installation and commissioning of lift/ elevator?; and

2. Whether the Input Tax credit, if available; is not covered under blocked credits under the Goods and Services Tax Act?

GST/ARA/31/2019-20/B-13 , Mumbai, dated 22.01.2020

application-pdf(Size: 1.42 मेगा बाइट)

97(2)(d)
1949 M/s Wise Design Communications Pvt Ltd Maharashtra

1. Are hard copies of shipping bills (which are duly stamped & signed by the LET Export Officer of Customs, having details such as Name & address of authorised courier, Courier registration number, Port of loading, Airlines & Flight number, Customs Shipping number, Shipping bill date, Courier AWB no., Declared weight, Consignor Name & Address, Destination country, IEC Number & GSTIN of Exporter, Description of goods, Invoice value, Consignee name & address, etc.) enough for filing claim for refund of ITC since it is an export sale though the shipping bill is not trackable on ICEGATE website?

2. Is the drop- shipping transaction an export sale or is it subject to IGST?

GST/ARA/63/2019-20/B- 14 , Mumbai, dated 22.01.2020

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97(2)(d)
1950 M/s Mayank Vinodkumar Jain Maharashtra

The Applicant requests this Authority to decide as to whether the aforesaid services proposed to be rendered qualify as Export of Services" under Section 2(6) of the Integrated Goods & Services Tax Act, 2017 or not. 

GST/ARA/57/2019-20/B- 11 , Mumbai, dated 22.01.2020

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97(2)(g)