Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
2841 Tata Motors Limited Maharashtra

    
1. Whether Tata Harrier vehicle, which has following specifications, is classifiable under Tariff Item 8703 32 91 or 8703 32 99 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)?

2. For a motor vehicle to get covered under above entry as SUV/ UV, whether it has to satisfy only the conditions mentioned in main clause i.e. engine capacity above 1500 cc and popularly known as SUV/ UV or in addition, it has to also satisfy the conditions mentioned in Explanation" i.e. length exceeding 4000 mm and ground clearance of 170 mm and above? In short, if the vehicle satisfies only the conditions mentioned in main clause but is not satisfying any one or all of the conditions mentioned in Explanation', whether it would still be covered under Entry at Sr. No. 52B of Notification No. 1/2017-Compensation Cess (Rate) dated 28.06.2017 as amended?

3. For the purpose of Cess @ 22% under Sr. No: 52B of Notification No. 1/2017 Compensation Cess (Rate) dated 28.06.2017 as amended, whether the ground clearance of the vehicle is to be considered in laden condition or in unladen condition?

4. Whether Tata Harrier vehicle whose ground clearance in unladen condition is 205 mm and in laden condition is 160 mm, would fall under Sr. No. 52B of the Notification No. 1/2017-Compensation Cess. (Rate) dated 28.06.2017 as amended?

5. Whether GST Compensation Cess @ 22% under Sr. No. 52B of Notification No. 1/2017-Compensation Cess (Rate) dated 28.06.2017 as amended, will be applicable to Tata Harrier vehicle?

6. Vehicle whose ground clearance in unladen condition is more than 170 mm but below 170mm in laden condition, whether will get covered under Sr. No. 52B of Notification No. 1/2017-Compensation Cess (Rate) dated 28.06.2017?

NO.GST-ARA- 104/2018-19/B- 32 Mumbai dated 22.03.2019

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97(2) (a)&(e)
2842 M/s Skilltech Engineers & Contractors Private limited Karnataka

1. “Whether the contract, executed by them for KPTCL, is a divisible contract [Supply of goods & Supply of Services] or an indivisible contract [ works contract]?”

2. “Whether the tax rate of 12% [CGST-6% + SGST-6%] is applicable to the above contract, in pursuance of Notification No.24/2017-Central Tax (Rate) dated 21.09.2017?”  

03 dated 21-03-2018

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97 (2)(a ) (b)
2843 M/s Gogte Infrastructure Development Corporation limited Karnataka

a)Supply of Resturant And lodging servcies to employees ,customers,visitors & gusets of SEZ units in karnataka.

b) "Exemption to SEZ units located in state of  Karnatka. a) Section 7(5) (b) of the IGST Act :treats supply of Goods /Services to or by  SEZ as a deemed Interstate  supply     b) Section 16(1) (b) of the IGST Act : defines the term "Zero rated Supplies " to include Exoprts and supply of goods/Services to SEZ's

c) & e)Whether the Hotel Accommodation & Restaurant services provided by them, within the premises of the Hotel, to the employees & guests of SEZ units, be treated as supply of goods & services to SEZ units in Karnataka or not ?”

02 dated 21-03-2018

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97 (2) (a) (b) (c) (e )
2844 M/s Tathagat Health Care Centre Llp Karnataka

“Whether GST is leviable on the rent payable by a Hospital, catering life saving services?”

04 dated 21-03-2018

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97(2) (e )
2845 M/s Giriraj Renewables Private ltd. Karnataka

a) Whether supply of turnkey Engineering, Procurement & Construction (‘EPC’) Contract for construction of solar power plant wherein both goods and services are supplied can be construed to be a Composite Supply in terms of Section 2(30) of CGST Act, 2017.
b) If Yes, Whether the Principal Supply in such case can be said to be ‘Solar Power Generating System’ which is taxable at 5% GST.
c) Whether benefit of concessional rate of 5% of solar power generation system and parts thereof would also be available to sub-contractors.
Supply in terms of Section 2(30) of CGST Act, 2017  

01 dated 21-03-2018

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97 (2)(e ) (g)
2846 M/s AnanyaGoel Uttar Pradesh

Manufacturing food as take away only with no sitting facility, is a restaurant service or manufacturing of goods.

UP_AAR_01 dated 21.03.2018

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97(2)(a)
2847 M/S Siddhu Mal Paper Conversion Com Pvt. Ltd. Uttar Pradesh

उ0प्र0 राज्य सरकार द्वारा लागू ई-वे बिल की अनिवार्यता है अथवा नही ।

UP_AAR_02 dated 21.03.2018

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97(2)(b)
2848 M/s. Rashmi Hospitality Services Private Limited Gujarat

One of the customer, who is recipient of services, has given the contract for catering services to be provided to the staff and premise for services to be provided for canteen has also been made available to the applicant, which is non Air-conditioned. Whether rate of tax on their supplies made to the recipient would be 12% or 18% ?

GUJ/GAAR/R/2018/8dt. 21.03.2018

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97(2)(e)
2849 M/s. Inox Air Products Pvt. Ltd. Gujarat

i.Whether the activity undertaken by the applicant amounts to “Job Work” as defined under Section 2(68) of the Central Goods and Services Tax Act, 2017 (herein after referred to as the ‘CGST Act, 2017’) ?
ii.What is the value on which the applicant is liable to pay GST ?

GUJ/GAAR/R/2018/7 dt. 21.03.2018

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97(2)(a)(c)(g)
2850 M/s Sayre Therapuetics Private Limited Karnataka

Health care services provided by clinical establishments, an authorised medical practitioner or para-medics are exempted vide SL.No.74 of the Notification No. 12/2017- Central Tax (Rate) dated 28th June, 2017.  Therefore the issue/s before us to decide are

a. Whether the Applicant qualifies as clinical establishment?

b. Whether the services provided by the applicant qualifies to be health care services?

05 dated 21-03-2018

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97 (2) (b) (e )