Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
731 M/s. Palsana Enviro Protection Ltd. Gujarat

1. Whether 'Treated Water' obtained from CETP (classifiable under Chapter 2201) will be eligible for exemption from GST by virtue of SI. No. 99 of the Exemption Notification No. 02/2017- Integrated Tax (Rate), dated 28-6-2017 (as amended) as 'Water (other than aerated, mineral, purified, distilled, medical, ionic, battery, demineralized and water sold in sealed container)'? or

2. Whether 'Treated Water' obtained from CETP (classifiable under Chapter 2201) is taxable at 18 per cent by virtue of SI. No. 24 of Schedule - III of Notification No. 01/2017- Integrated Tax (Rate), dated 28-6-2017 (as amended) as Waters, including natural or artificial mineral waters, and aerated waters, not containing added sugar or other sweetening matter nor flavoured (other than Drinking water packed in 20 liters bottles)

GUJ/GAAR/R/2022/47 30.12.2022

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97(2)(b)(e)
732 M/s. Universal Industrial Park Gujarat

1.Whether the applicant is liable to pay GST on the sale of Land / Industrial Plot?
2.If the activity is not liable to GST, what is the legal basis of non applicability?
3.If taxable it will be classified under which Service & what will be the Service Accounting Code?
4.What will be the value on which GST will be payable? Whether any abatement available?
5.What will be the rate of tax on which GST will be payable?
6.Whether Input Tax Credit will be available or not?

GUJ/GAAR/R/2022/53

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97(2)(a,c,e,g)
733 M/s. Prajapati Keval Dineshbhai Gujarat

1.Rate and Classification of Salted and flavored Potato Chips.
2.Rate and Classification of Potato Sev (Aloo Sev)
3.Rate and Classification of Potato Chivda
4.Rate and Classification of Potato Sing Bhujiya
5.Rate and Classification of Sev Mamara (Roasted Puffed Rice mixed with Nylon Sev)
6.Rate and Classification of Chana Daal (Fried Split Bengal Gram)
7.Rate and Classification of Gathiya
8.Rate and Classification of Khatta Mitha Chevda Mixture
9.Rate and Classification of Potato starch

GUJ/GAAR/R/2022/54

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97(2)((a)
734 M/s Hojiwala Infrastructure Limited Gujarat

1.Whether 'Treated Water' obtained from CETP (classifiable under Chapter 2201) will be eligible for exemption from GST by virtue of SI. No. 99 of the Exemption Notification No. 02/2017- Integrated Tax (Rate), dated 28-06-2017 (as amended) as 'Water (other than aerated, mineral, purified, distilled, medical, ionic, battery, demineralized and water sold in sealed container)'? or
2.Whether 'Treated Water' obtained from CETP (classifiable under Chapter 2201) is taxable at 18 per cent by virtue of SI. No. 24 of Schedule - III of Notification No. 01/2017- Integrated Tax (Rate), dated 28-6-2017 (as amended) as 'Waters, including natural or artificial mineral waters, and aerated waters, not containing added sugar or other sweetening matter nor flavoured (other than Drinking water packed in 20 liters bottles)'

GUJ/GAAR/R/2022/48 30.12.2022

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97(2)(b,e)
735 M/s Johar Autombiles Haryana

Applicant has withdrawn the application.

HR/HAAR/15/2022-23 dated 16.12.2022

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97 (2) ,a,b
736 M/s Sri Amareshwar Traders Karnataka

Considering the expression 'any amount that the supplier is liable to pay' in section 15(2)(b), can the service provider to be held liable for free of cost diesel, which is explicit contractual liability of the recipient of supply and therefore, free diesel is not includable in the value of service provided by the applicant.

KAR ADRG 51/2022 dated 12-12-2022

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98(4)
737 M/s Virtulive technologies pvt.ltd. Karnataka

Classification of the product "Walltop Computer"
a. Intel 10th / 11th Generation i5/i7 processor with 16GB memory (expandable to 64GB)
b. Internal storage of 1TB SSD (Expandable to 2TB) Storage
c. WIFI / Bluetooth / USB and HDMI user interfaces
d. 4G / 5G compatible LTE Module that enhances its connectivity to the mobile networks.
e. Optimized in-house developed system integration processor controller, a proprietary design.
f. Built-in array microphone and wireless microphone modules for user interaction.
g. Integrated high intensity (1200 lumens) LED optical Projection system with a life of 30000 hours acting as a display.
h. The projected interactive display size is 120-inch diagonal - the biggest for any computer.
i. Enables any wall surface as an interactive environment for collaborative meetings in conjunction with above.
j. Allows to connect with blue tooth keyborad and IR pen to provide input by the users.

KAR ADRG 48/2022 dated 12-12-2022

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97(2) (a)
738 M/s Preethi Granite Exports Karnataka

a. Whether KUIFDC, which is an intermediary agency between ULBs/Town Municipal Councils functioning as Programme Management Unit (PMU) through the divisional offices, implementing agencies of the Local Government Bodies and State Line Departments in the efficient monitoring of sub-programmes, is eligible for claiming exemption from  GST under the conditions of exemption as per Notification No. 12/2017 as pure services, for the period of our services provided to them i.e. July 2017 to June 2019.

b. The services provided by STEM (the applicant), our office, as Supervision and Programme Management Consultants for NKUSIP programme of KUIFDC from July 2017 to June 2019 by the virtue of PMC works undertaken by our office (viz: Supervision and monitoring of Water supply to households, underground drainage network, water treatment plants, sewage treatement plants with respect to quality control procedures and quality control of the works done by the contractor, assisting in resolving specific technical and other implementation related issues at the field level, investigate particular construction problems or delays that have been reported from the site and recommended actions to be taken to resolve the problems or overcome the delays.  Also, analyse and allocate / apportion delays attributable to implementing agency, contractor etc and suggest remedial as well as penal action, assist in interpreting and applying the various legal provisions of the contract documents, and in amicably resolving disputes, detailed contract managment and web based progress monitoring, resource mobilization for each contract monitoring and reporting physical and financial monitoring and reporting the same to KUIFDC) comes under pure services as specified under GST Act and if the same is exempted from applicability of GST for supplying our services to KUIFDC.

KAR ADRG 49/2022 dated 12-12-2022

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98(2)
739 M/s. Call Me Services Chhattisgarh

Whether the services provided by them in relation to maintenance of various colonies developed by Chhattisgarh Housing Board (CGHB) and not handed over to the local authority by CGHB are exempt under SI. No. 3 of the Exemption Notification GST Notification No. 12/2017-Central Tax (Rate) dated 28/06/2017 as amended from time to time.

STC/AAR/09/2022 dated 09.12.2022

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97(2)(b)
740 M/s Shriram Pistons & Rings Ltd. Uttar Pradesh

Whether the Applicant is entitled to avail Input Tax Credit of the GST paid on various services/ expenses incurred towards discharging its CSR obligation, can be considered as being in course or furtherance of business in terms of Section 16(1) of the CGST Act, 2017 r/w UPGST Act, 2017?

UP ADRG-18/2022 dt. 09.12.2022

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97(2) (d)