Authority for Advance Ruling (AAR)

Sr. No. Name of the Applicant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
761 TULASI TEXTILES Tamil Nadu

On dissolution of the firm the partner No.1 and partner No.2 are getting the following assets from the firm in lieu of their capital on the date of dissolution.
1. Machinery and other fixed assets
2. Stock of raw materials, semi-finished goods and finished goods
Whether the above transaction amounts to supply under the GST Act and if so whether it is taxable supply or exempted supply under the GST Act

TN/28/ARA/2022 DATED 29.07.2022

(Size: 1.92 मेगा बाइट)

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762 SAKKTHI POLYMERS Tamil Nadu

1. Whether the transfer of raw materials, semi-finished goods and finished goods from the applicant to the transferee and such transaction would constitute a “Supply” under Section 7(1) (d) of the CGST Act, 2017(hereinafter referred to as “Act”) read with Sl.No.4( c )(i) of the Schedule II of the said Act or not?
2. Whether the applicant is eligible for exemption as per Sl.No.2 of  the Notification 12/2017 Central tax (Rate) dated 28.06.2017 and as per Sl.No.2 of Notification annexed to the G.O.Ms(No.) 73 dated 29.06.2017 issued by Tamil Nadu SGST authorities or not on account of transfer of business from them to transferee as a going concern in terms of business transfer agreement?
3.  Whether the applicant is eligible to transfer the input Tax Credit (ITC) available in their Electronic Credit Ledger to the Electronic Credit Ledger of the Transferee or Not?

TN/27/ARA/2022 DATED 29.07.2022

(Size: 929.45 किलोबाइट)

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763 OLA ELECTRIC TECHNOLOGIES PRIVATE LIMITED Tamil Nadu

1. Whether the transaction of transfer of right to do integration testing, install and market software from Tamil Nadu cost centre to Karnataka Cost centre shall be leviable to GST given that such transaction is being executed between two cost centres of same entity.
2. If the answer to the above is affirmative then whether such supply be considered as goods or services?

TN/31/ARA/2022 DATED 29.07.2022

(Size: 2.55 मेगा बाइट)

97(2)(e)
764 JAY KAY TRANS Tamil Nadu

(1) What is the classification of the service viz., “Maintaining the micro-compost centres and processing the wet waste provided by the Greater Chennai Corporation at designated locations in Centre Region Zones 7, 9 & 10” in Chennai?
(2) Whether the aforesaid service provided by the Applicant is entitled to exemption under Serial No 3 of Notification No 12/2017-Central Tax (Rate)., dated 28/07/2017, as amended from time to time?

TN/30/ARA/2022 DATED 29.07.2022

(Size: 2.87 मेगा बाइट)

97(2)(a) & (b)
765 KUMARAN MEDICAL CENTER Tamil Nadu

1. Whether the supply of medicines, drugs and other surgical goods to In-Patients during the course of diagnosis and treatment of disease, illness, injuries, deformities and abnormalities would fall meaning of “composite supply” qualifying for exemption under the category of “health care services.”?
2. Whether the supply of medicines, drugs and other surgical goods to Out-Patients during the course of diagnosis and treatment of disease, illness, injuries, deformities and abnormalities would fall meaning of “composite supply” qualifying for exemption under the category of “health care services.”?
3. Whether the supply of Implants, Prosthetics and Mobility aids during the course of diagnosis and treatment of disease, illness, injuries, deformities and abnormalities would fall meaning of “composite supply” qualifying for exemption under the category of “health care services.”?

TN/29/ARA/2022 DATED 29.07.2022

(Size: 3.52 मेगा बाइट)

97(2)(a) & (e)
766 KAMARAJAR PORT LIMITED Tamil Nadu

Whether input tax credit can be claimed on upfront lease premium paid? If the answer is affirmative, in what manner the input tax credit cab be availed?

TN/32/ARA/2022 DATED 29.07.2022

(Size: 4.05 मेगा बाइट)

97 (2)(d)
767 M/s Concrete Udyog LimitedUP Uttar Pradesh

Whether composite works contract services supplied to Uttar Pradesh Jal Nigam involving construction & design of prestressed concrete cylinder pipelines (PCCP) and pumping plant for the purpose of supplying water to the Khurja Sewrage Treatment Plant Project from the Mundakhera Reservoir to the pond of Khurja STPP along with all ancillary works such as development of roads/paths, drain septic Tanks, sewer line, water supply system, external electrification, service connection to building, etc would be covered under Entry 3(iii) of the Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017 ?

UP ADRG-08/2022 dated 28.07.2022

(Size: 1.03 मेगा बाइट)

97(2)(a)&(b)
768 M/s KDS Services (P) Ltd Uttar Pradesh

I) Whether the Project Development Service (i.e. Detailed Project Report Service and Project Management Consultancy services ('PMCS') provided by the applicant to the recipient under the Contract from District Urban Development Agency (herein after referred as “DUDA”) which is District Level Agency of State Urban Development Agency (SUDA) and the Project Management Consultancy services ('PMC") under the Contract for PMAY would qualify as an activity in relation to function entrusted to Panchayat or Municipality under Article 243G or Article 243W respectively, of the Constitution of India?

II) If answer to first question is in affirmative then, whether such services provided by the applicant would qualify as Pure services (excluding works contract service or composite supplies involving supply of any goods) provided to the Central Government, State Government or Union territory or local authority or a Governmental Authority by way of any activity in relation to any function entrusted to a Panchayat under article 243G of the Constitution or in relation to any function entrusted to a Municipality under article 243W of the Constitution,  as provided in serial number 3 of Notification No. 12/2017- Central Tax (Rate) dated 28 June, 2017, as amended (S. No. 3A) by Notification No. 2/2018- Central Tax (Rate) dated 25 January, 2018 issued under Central Goods and Services Tax Act, 2017 (CGST') and corresponding Notifications No. KA.N.I.-2-843/X1- 9 (47) / 17-UP. Act-1 - 2017 - Order - (10) - 2017 Lucknow, dated June 30, 2017 issued under Uttar Pradesh Goods and Service Tax Act, 2017 ('UPGST Act'), where the Project cost includes the cost of service rendered along with reimbursement of cost of procurement of goods for rendering such service, and, thus, be eligible for exemption from levy of CGST and UPGST, respectively.

UP ADRG-09/2022 dated 28.07.2022

(Size: 930.09 किलोबाइट)

97(2)(a)&(b)
769 Vikas Centre For Development Gujarat

1.Whether the activity of Afforestation, which includes the plantation of mangroves is exempted from GST under Sr. No.1 of Notification No.12/2017-CT (Rate)?
2 .Whether the applicant is required to be get registered under GST?

GUJ/GAAR/R/2022/50

(Size: 17.55 मेगा बाइट)

97(2) b,f
770 M/S RAMESHWAR HAVELIA WITH TRADE M/S DOON VELLY LOGISTICS Uttarakhand

“Whether the Input Tax Credit on Inputs and Input Services received for development of the said infrastructure by the applicant is admissible to them or not”?

UK-AAR-07/2022-23 dated 18.07.2022

(Size: 8.34 मेगा बाइट)

97 (2)(d)