Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
2521 TELSTRA TELECOMMUNICATION PVT. LTD. Maharashtra

a) Whether in the facts and circumstances in the case of supply involving leased circuit services wherein a pan India contract for supply of such services is entered into without any State wise break up for the supply it would be in order for the supplier of such services to charge Integrated Tax (under IGST Act) pursuant to the Explanation to Section 12(11)(d) which provides that place of supply, where the leased circuit is installed in more than one State and the value for service cannot be determined in absence of a contract, shall be on such other basis as prescribed i.e. the same would be the location of recipient of service.

b) In a case where the location of the service provider on pan India basis is Delhi and that of the recipient is Mumbai whether in the facts and circumstances, it would be Integrated tax that would be chargeable since no rules have been prescribed pursuant to Sec 12(11)(d) as aforesaid and therefore whether it would be in order for the recipient to take credit of such Intergraded tax since the said services are used in the course or furtherance of business namely provision of last mile connectivity services to the recipient of services.

NO.GST-ARA- 82/2018-19/B- 12 Mumbai dated 23.01.2019

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97(2) (iv) (v)
2522 THE KREATIONS BUILDERS & DEVLOPERS Maharashtra

Whether, as per notification no. 01/2018 -  Central Tax (Rate) dated 25th January, 2018 can works ?

NO.GST-ARA- 85/2018-19/B- 16 Mumbai dated 23.01.2019

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97(2) (ii)
2523 ENVITECH CHEMICAL SPECIALITIES PRIVATE LIMITED Maharashtra

1. Whether the amount of CENVAT Credit availed through TRAN-1, which partakes character of Central Tax in Electronic Credit Ledger, is admissible while calculating ‘ITC’ for GST Refund under inverted Tax Structure mechanism ?

2. Can a Circular, which is contrary to the legal provisions, be issued to restrict admissibility of ITC ? 

NO.GST-ARA- 95/2018-19/B- 15 Mumbai dated 23.01.2019

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97(2) (iv)
2524 Sun Pharmaceutical Industries Ltd. Maharashtra

What is the appropriate classification of the Applicant's product, Prohance-D(Chocolate)? 

NO.GST-ARA- 88/2018-19/B- 10 Mumbai dated 23.01.2019

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97(2) (i)
2525 Vaya Life Private Limited Tamil Nadu

What is the Harmonized system of nomenclature (HSN) code and the applicable GST rate for VAYA TYFFN (lunch boxes) and VAYA Drynk (bottle) in terms of notification 01/2017- Central Tax (Rate) dated 28/06/2017 as amended from time to time.

TN/04/AAR/2019 dated 22.01.2019

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97(2)(a)
2526 MRF Limited Tamil Nadu

Whether the  Applicant  can avail the Input Tax Credit of the full GST charged on the supply of invoice or a proportionate reversal of the same is required in case of post purchase discount given by the supplier of the goods or services.

TN/05/AAR/2019 dated 22.01.2019

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97(2)(d)
2527 Dream Runners Foundation Tamil Nadu

I.  Whether the conduct of marathon events by the Trust through which donations are raised for charity is an exempted service under GST ?

ii. When the Trust is approved under Sec 12AA of the Income Tax Act 1961, which means that the service of the Trust is charitable in nature, does it not automatically become a charitable activity that is exempted under GST?

iii. As the service rendered by the Trust is a charitable activity within the definition of Clause 2(r) of Notification No.12/2017-Central Tax (Rate), is registration under GST required?

iv) Are donations received from participants of the marathon event exempted from GST as it is money paid for conduct of a marathon event for raising funds for charity?

TN/06/AAR/2019 dated 22.01.2019

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97(2)(b)
2528 SubramaniSumathi Tamil Nadu

The category of product Vadam/ Papad made-up of Maida falls under the classification of 1905.

TN/07/AAR/2019 dated 22.01.2019

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97(2)(e)
2529 HYT SAM INDIA(JV) Tamil Nadu

1. Whether the works awarded to the Applicant is composite supply of services?

2. Whether the benefit of Sl.No.3(v) of Notification No.11/2017- Central Tax(Rate) is applicable to subject works.

3. Whether the Applicant is required to raise invoice on completion of events/milestones and remit the tax.

4. What is the value on which invoice has to be raised in case of event/milestone invoicing if required?

TN/08/AAR/2019 dated 22.01.2019

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97(2) (a)
2530 Rajiv Gandhi Centre for Aquaculture Tamil Nadu

1.Considering the nature of transactions carried out by the Rajiv Gandhi Centre for Aquaculture (RGCA) and various exemption notification(s) under GST Laws whether RGCA is required to register under GST Laws?

2. If no registration is required for RGCA, whether compulsory registration u/s 24 is required to be made against any of the provisions of Section 24?

3. If so, whether separate registration is to be taken from all the states where the offices of RGCA is situated? Explain the procedure to obtain registration

4. If registration is required to be made, what are the tax rates applicable to the transactions of RGCA?

5. Since RGCA-Head office is having GST Registration (Migrated from TNVAT) at Tamil Nadu only other various project sites are located at different states but doesn't having the GST registration so far, If they want to purchase materials through interstate from Mumbai to its one of the branch at Kerala, how the purchases of the materials to be made and what are the documents to be carried for the transport of such purchased goods under GST?

TN/09/AAR/2019 dated 22.01.2019

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97(2)(e)