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Authority for Advance Ruling (AAR)

Sr. No. Name of the Appellant States/UT Brief of Order ­in ­Appeal (OIA) Order No. & Date Download Category
2361 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

(Size: 2.08 MB)

97(2) (a)&(e)
2362 Reliance Infrastructure Limited Maharashtra

i. Whether reinstatement charges paid to Municipal Authorities would be liable to GST?

ii. Whether access charges paid to Municipal Authorities would be liable to GST?

GST-ARA-11/2017/B-14 Mumbai, dt. 21.03.2018

(Size: 4.13 MB)

97(2) (a)
2363 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

(Size: 919.81 KB)

97(2)(b)
2364 Switching Avo Electro Power Ltd West Bengal

Whether supplies of power solutions, including UPS, servo stabiliser, batteries etc. can be treated as Composite Supply within the meaning of Section 2(30) of the CGST/WBGST Act, 2017 (hereinafter referred to as “the GST Act”)?

03/WBAAR/2017-18 dated 21/03/2018

(Size: 275.64 KB)

97(2) (a)
2365 Global Reach Education Services Pvt Ltd West Bengal

Whether the service provided to the Universities abroad is to be considered “export” within the meaning of Section 2(6) of the Integrated Goods and Services Act, 2017 ?

02/WBAAR/2017-18 dated 21/03/2018

(Size: 371.64 KB)

97(2) (e)
2366 Joint Plant Committee West Bengal

Whether the applicant will be liable for registration under any clause of Section 24 of the GST Act even if it is not making any taxable supply?

01/WBAAR/2017-18 dated 21/03/2018

(Size: 270.42 KB)

97(2) (f)
2367 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

(Size: 445.8 KB)

97 (2)(e ) (g)
2368 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

(Size: 218.49 KB)

97 (2) (a) (b) (c) (e )
2369 Reliance Infrastructure Limited Maharashtra

i. Whether reinstatement charges paid to Municipal Authorities would be liable to GST?

ii. Whether access charges paid to Municipal Authorities would be liable to GST?

GST-ARA-11/2017/B-14 Mumbai, dt. 21.03.2018

(Size: 4.13 MB)

97(2) (a)
2370 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

(Size: 311.71 KB)

97 (2)(a ) (b)