Authority for Advance Ruling (AAR)

The company is seeking an advance ruling on the admissibility of Input Tax Credit (ITC) paid on the construction services (foundation works and steel structural support) for their manufacturing machinery. They argue that the ITC is eligible under the Explanation to Section 17(5)(c) of the CGST Act, 2017, as the foundation is an integral part of 'plant and machinery' for their outward supply.

1. Whether ITC on capital goods is admissible on various parts, components, accessories supplied by suppliers under various HSX for the machinery to be installed in the factory such as Electrical work, fire protection system, fire alarm system, public address system. 

2. Is ITC admissible for heating ventilation and air conditioning system, system lift/elevator? 

3. Is admissible for structural and pre-engineered work, which are not in the nature of civil construction?

4. Is ITC admissible for civil construction work (expansion of factory) forming part of production process in the form of structures, pillars and supporting to machineries? 

5. Whether ITC is admissible for equipment installed in the customer learning centre?

1.Kindly classify the above mentioned as goods or services along with HSN/SAC code with rate of GST?

 2. Kindly clarify under which category our business will fall on the above mentioned list and what are the documents should be maintained by us for the transactions depend upon the specified category? 

3. Kindly classify the time and value of supply of goods and services or both based on our business transactions?

4. In above scenario, Please clarify whether we can get the refund amount from ITC credit availed? 

5. Kindly Check and advice whether we are on the correct path or we need to raise invoice under export/Nil rated / Exempted / Zero Rate or any Other? If it is falls under the category of Export/Nil rated/ Exempted/ Zero rated sales/services, then whether we can get the refund of tax which is paid for previous months under B2B category.

Whether the Damper rubber manufactured by the applicant, which is used in the Motor Cycle sprocket assembly will fall under HSN 87141090 and taxable at 28% or fall under HSN 40169990 and taxable at 18%.

The Application is disposed as withdrawn.

1.Whether there is any purchase/sale involved in the process of auction of agricultural produce(cotton) conducted by the Attur agricultural Producers cooperative Marketing society? 

2. Whether our society is liable to pay tax under reverse Charge Mechanism in the capacity of being an auctioneer?

Whether the service of renting of Residential building provided by the Applicant to the Lessee, an unregistered person, for use as residential accommodation for the students and working professionals (“the Residents”), is exempt as per S. No. 12 of the Exemption Notification No. 12/2017 – Central Tax (Rate) dated 28 June 2017 and corresponding exemption notification issued under the Gujarat State GST Act?

 2. If the answer to above question is in negative, who shall be the person liable to pay GST on the impugned service of renting of residential dwelling and what shall be the applicable rate of GST thereupon?

Whether on the basis of the facts the M/s Evolve Green Power Private Limited which is one of the spv of evolve green energies Pvt. Ltd. Is liable to collect and pay GST on intra state delivery of electrical energy on the basis of the above agreement? If so then M/s. Evolve Green Power private Ltd. Is needed to apply for an GST Registration in west Bengal and then raise the Bill of supply of electrical Energy to its client namely M/s. Shyam Sel & power Limited formally known as M/s. Shyam metallic Flat Products Private Limited?

Whether GST registration can be granted to multiple unrelated business, each allotted a distinct, identifiable and demarcated seat with unique seat numbers and time slots, at the same address as their “Principal Place of Business”, provided that: • The address is used as a virtual office, allotted for a fixed time slot per day, week or fortnight (e.g. one hour, two hours or more as mentioned in the leave and licence agreement). • Proper documentation such as sub-rental/sub-lease agreements is executed and available. • Books of accounts are maintained and managed by the service provider firm and/or an authorised representative on behalf of the taxpayer upon grant of GST registration. • The clients are either legitimate service providers and /or suppliers of goods and /or both/e-commerce sellers working remotely from various states. • Applicant raises an invoice to the clients. • No physical stock is stored at the premises; however, the client will provide the address of a warehouse either of his own/rental or belonging to an e-commerce operator (e.g. Amazon, Flipkart) as their additional place of business.

(1) Whether subsidized deduction made by the applicant from the employees and workers towards canteen facility provided by the canteen service provider at the canteen facility would be considered as a ‘supply’ by the applicant under the provisions of Section 7 of the CGST Act, 2017 and GGST Act, 2017.