Judgement >> AAR

Whether Evacuated / Vacuum Tube Collectors (VTC) falls under Chapter 84 of HSN which is covered in Sl. no 234 of Schedule I under notification 1/2017 IGST rate dated 28-06-2017 ?

1. Whether IGST is payable on Goods warehoused in FTWZ and supplied to a DTA unit, in addition to the customs duty payable [i.e. Basic Customs Duty(BCD) + IGST] on removal of goods from the FTWZ unit?
2. Whether the Circular No. 46/2017 is applicable to the present factual situation?

1. Whether sale of tanned bovine leather stored in Free Trade Warehousing Zone (FTWZ) by a foreign supplier which is cleared to Domestic Tariff Area (DTA) customer in India would result in supply subject to levy under sub section 1 of section 5 of the IGST Act 2017 or under the provisions of CGST Act, 2017 or Tamil Nadu GST Act, 2017 and the rules made there under.
2. Whether the foreign supplier being the applicant, located outside the taxable territory and supplying goods to DTA customers on the goods stored in third party FTWZ unit is required to get registered under the IGST ACT 2017 or under the provisions or CGST ACT 2017 or the Tamil Nadu Goods and Service Tax Act, 2017 and the rules made thereunder

What is the applicable chapter and GST rate for Industrial Grade Quick Lime having 86% of Calcium Oxide content and Industrial Grade Slacked Lime having 86% of Calcium Hydroxide content?

Whether the Material Aluminium Alloys (HSN.76012010) can be  supplied under Govt. Notification no. 47/2017 dated 14.11.2017

1. The nature of Services provided under the Contract whether covered under Sl.no. 3(vi)(a) of notification no. 11/2017 - Central Tax (Rate) dt.28th June 2017 amended with notification no.24/2017-Central Tax (Rate) dt 21.09.2017 and further amended with notification no. 31/2017 Central Tax (Rate) dt 13.10.2017 and notification no. 17/2018 dt.26.07.2018?
2. What is the Rate of GST applicable for the Project?

1. Whether GST would be applicable on interest free security deposit and notional interest if   any?
2. In case GST is applicable what would be value of notional interest for levy of GST?

1. Whether GST is levied on the reimbursement of expenses from the lessee by the lessor at actuals?
2. In case GST is levied, what is the rate of GST applicable to said reimbursement of expenses ?

1. Whether hostel accommodation provided by Trusts to students is covered within the definition of Charitable Activities and thus, exempt under Sl. No. 1 of notification No.12/2017-CT (Rate)?

2. Whether different treatment would be required for use of hostel rooms given by us for residential purposes but ultimately been used by the hirer for commercial use.

3. Whether the said notification would be applicable if the accommodation if decided to be given for commercial purposes in future whether the activity still would be able to enjoy exemption under said notification.

4. Whether the large donations given by the donors would be treated as 'service and taxed accordingly and whether only sponsored donations are believed to be covered under said mega exemption notification.

The applicant requested a clarification about the applicability of GST for the following activities: 

1. Extraction of timber / bamboo from Natural Forest : The Forest Department entrusts this work, which is 100Pecantage labour oriented,  to the lowest bidder of the registered contractors  in the open tender system / nomination / piece work contract  and the lowest bidder engages the local tribal labourers for cutting / extraction of timber & bamboo and  the bills as per the FSR (Rates Fixed in the Forest Schedule of Rates)  rates paid to the contractor, which in turn are paid as wages to the local tribal labourers.  

Whether GST is applicable for the above works or not.  If applicable what percentage and under what item / HSN Code of GST Act. 

2. Transportation of Timber / bamboo from Natural Forest to the Government depots:  This work which is partly labour oriented  (for loading and unloading of timber & bamboo ) and partly transportation of timber & bamboo on road using lorry / truck, is entrusted to the lowest bidder of the registered contractors in the open tender system / nomination / piece work contract.  The bills as per FSR rates will be paid to the contractor, which in turn will be paid to the local tribal labourers and the lorry owners by the contractor.

Whether GST is applicable for the above works or not.  If applicable what percentage and under what item / HSN Code of GST Act. 

3. Maintenance of Government depots like classification / grading of timber & bamboo and wages to mastris for supervision:  This work which is 100Pecantage labour oriented is entrusted to the lowest bidder in the open tender system / nomination / piece work contract.  The bills as per FSR rates will be paid to the contractor, which in turn will be paid to the local tribal labourers.

Whether GST is applicable for the above works or not.  If applicable what percentage and under what item / HSN Code of GST Act.