Category Archives: GST Judgments Gujarat AAR

No advance ruling on export of services as it involve determination of place of supply : AAR

By | October 6, 2018

AUTHORITY FOR ADVANCE RULINGS, GUJARAT Take Off Academy, In re R.B. MANKODI AND G.C. JAIN, MEMBER ADMISSION ORDER NO. GUJ/GAAR/ADM/2018/33 AUGUST  30, 2018 Samir Siddhapuria, Adv for the Applicatnt. RULING   1. The applicant Take Off Academy has filed application seeking advance ruling on following questions – (a) The consideration received from M/s. Pearson VUE, for Tax Invoice No. 001… Read More »

No GST Exemption for Child Skill development using Abacus : AAR

By | October 6, 2018

As per the dictionary meaning, ‘Art‘ is the expression or application of human creative skill and imagination, typically in a visual form such as painting or sculpture, producing works to be appreciated primarily for their beauty or emotional power. The improvement of speed and accuracy of calculations or development of mental capabilities, such as, concentration,… Read More »

Blasting activity is ‘composite supply’ under GST : Gujarat AAR

By | October 6, 2018

The applicant carries out blasting work with the aid of explosives. Thus, there is deemed supply of explosives in this case in view of the judgement of Hon’ble Supreme Court in the case of Bharat Pest Control (supra) as well as the supply of service in the form of the blasting work. Therefore, the situation as narrated… Read More »

No Advance Ruling can be given on High Sea Sale & Place of Supply :GUJARAT AAR

By | June 13, 2018

The issue of High Sea Sale falls in the domain of Customs and not under the Goods and Services Tax. As the ‘place of supply’ is not covered by Section 97(2) of the Acts, this authority is helpless to answer the questions raised in the application, as it is lacking jurisdiction to decide the issues.… Read More »

No GST Exemption on Storage of Pulses /Dal (de-husked or split), jaggery, processed dry fruits as these are not agriculture produce , : GUJARAT AAR

By | June 13, 2018

RULING Pulses (commonly known as ‘Dal’) (de-husked or split), jaggery, processed dry fruits such as processed cashew nuts, raisin (kismis), apricot (jardalu), fig (anjeer), date, tamarind (ambali foal), shelled groundnuts/groundnut seeds, and copra are not agriculture produce as defined under Notification No. 11/2017-Central Tax (Rate). ‘Cereal’ on which any processing is done as is not… Read More »

Laying of underground pipeline network is Work Contract under GST :GUJARAT AAR

By | June 12, 2018

AUTHORITY FOR ADVANCE RULINGS, GUJARAT R.B.Construction Company, In re R.B. MANKODI AND G.C. JAIN, MEMBER ADVANCE RULING NO. GUJ/GAAR/R/2017-18/3 JANUARY  17, 2018 Soham Mashruwala, CA and Rohit Bodiwala for the Applicant. RULING 1. The applicant submitted that they had bid in a tender issued by the Rajkot Municipal Corporation (RMC) to supply pipes, lay the pipes in desired formation as planned… Read More »

Ice cream making machine is Refrigerators and not machinery for manufacture of food : GUJARAT AAR

By | June 12, 2018

Note As per Notification No. 1/2017-Central Tax (Rate) dated 28.06.2017 , CGST rates are as follow SCHEDULE III – 9% 330. 8438 Machinery, not specified or included elsewhere in this Chapter, for the industrial preparation or manufacture of food or drink, other than machinery for the extraction or preparation of animal or fixed vegetable fats or oils… Read More »

Manufacture of industrial gases is Job Work if goods supplied by recipient : GUJARAT AAR

By | June 12, 2018

AUTHORITY FOR ADVANCE RULINGS, GUJARAT Inox Air Products (P.) Ltd., In re R.B. MANKODI AND G.C. JAIN, MEMBER ADVANCE RULING NO. GUJ/GAAR/R/2018/7 MARCH  21, 2018 Rohit Jain, Adv. for the Applicant. RULING   1. The applicant M/s. INOX Air Products Private Limited (herein after also referred to as ‘INOXAP’) is engaged in the business of manufacture and supply of industrial… Read More »

No GST Exemption on renting of godown for storage of agricultural produce : GUJARAT AAR

By | June 11, 2018

AUTHORITY FOR ADVANCE RULINGS, GUJARAT Rishi Shipping., In re R.B. MANKODI AND G.C. JAIN, MEMBER ADVANCE RULING NO. GUJ/GAAR/R/2018/4 MARCH  20, 2018 Haresh Vaishnav for the Applicant. RULING 1. The applicant M/s. Rishi Shipping has submitted that the company is a Cargo Handling company operating at Kandla Port Trust under stevedoring license issued by Kandla Port and provide Cargo Handling… Read More »

No GST exemption to Electrically operated musical instrument :GUJARAT AAR

By | June 11, 2018

Note  : Notification No 1/2017 of (Central Rate) , CGST Rates of following items are as follow SCHEDULE III – 9% 429G. 9208 Musical boxes, fairground organs, mechanical street organs, mechanical singing birds, musical saws and other musical instruments not falling within any other heading of this chapter; decoy calls of all kinds; whistles, call… Read More »

GST Rates on Lightning Arrester, Earthing Pipe , Solid Rod Earthing etc : AAR Clarify

By | June 11, 2018

Note  : Notification No 1/2017 of (Central Rate) , CGST Rates of following items are as follow SCHEDULE III – 9% Entry No 97. 3824 Prepared binders for foundry moulds or cores; chemical products and preparations of the chemi-cal or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included… Read More »

18% GST on Geared Motor classified as electric motor : GUJARAT AAR

By | June 8, 2018

on the basis of the Explanatory Notes of HSN under Tariff Heading 8483 and 8501, it is evident that the product ‘Geared Motor’, which is an assembly product of the ‘Electric Motor’ and ‘Gear Box’, will appropriately fall under Chapter Heading 8501 of the Customs Tariff Act, 1975, and we hold so. AUTHORITY FOR ADVANCE… Read More »

18 %GST on Hydraulic valve used as intermediate parts in agricultural harvesting machine : GUJARAT AAR

By | June 8, 2018

AUTHORITY FOR ADVANCE RULINGS, GUJARAT Dyna Automation (P.) Ltd., In re R.B. MANKODI AND G.C. JAIN, MEMBER ADVANCE RULING NO. GUJ./GAAR/2017-18/5 APPLICATION NO. ADVANCE RULING/SGST & CGST/2017-18/AR/11 JANUARY  17, 2018 Nilesh V. Suchak for the Applicant. RULING 1. The applicant has raised following questions for advance ruling in their application :- (i) What is the classification and rate of Goods… Read More »