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S.No State/UT GW-year-State Order No.& Date Name of Applicant Question(s) on which Advance Ruling Sought Category as per sections 97(2) of SGST Act View PDF
1 Gujarat AAR-GW-854-2020-GJ 30-December-2020, GUJ/GAAR/ADM/2020/122 1. Wiptech Peripheral Pvt. Ltd.

The applicant has neither filed the application in the prescribed format of GST-ARA-01 nor paid the required fees of Rs.10,000/- as required as per the provisions of aforementioned Sections and Rules. Therefore, the instant application is liable for rejection under Section 98(2) of the CGST Act, 2017 for not filing the application in proper FORM GST-ARA-01 and not paying the total fees of Rs.10,000/- i.e Rs.5,000/- under each head CGST & GGST as required under the provisions of CGST Act and Rules and respective GGST Act & Rules.

The applicant has failed to comply even with the statutory requirements of the provisions of the relevant sections and rules of the CGST Act, 2017/GGST Act, 2017 as well as the CGST Rules, 2017/GGST Rules, 2017 with regard to filing the application of Advance Ruling before the Advance Ruling Authority, thus rendering it an invalid application for Advance Ruling under Section 97(1) of the CGST Act, 2017 read with Rule 104 of the CGST Rules, 2017.

Accordingly, Instant application filed is hereby rejected under Section 98(2) of the CGST/GGST Act, 2017 being non-maintainable in view of the above discussion.

Nil View
2 Gujarat AAR-GW-853-2020-GJ 30-December-2020, GUJ/GAAR/ADM/2020/121 1. The Maharaja Pratapsinh Coronation Gymkhana

The applicant has neither filed the application in the prescribed format of GST-ARA-01 nor paid the required fees of Rs.10,000/- as required as per the provisions of aforementioned Sections and Rules. Therefore, the instant application is liable for rejection under Section 98(2) of the CGST Act, 2017 for not filing the application in proper FORM GST-ARA-01 and not paying the total fees of Rs.10,000/- i.e Rs.5,000/- under each head CGST & GGST as required under the provisions of CGST Act and Rules and respective GGST Act & Rules.

The applicant has failed to comply even with the statutory requirements of the provisions of the relevant sections and rules of the CGST Act, 2017/GGST Act, 2017 as well as the CGST Rules, 2017/GGST Rules, 2017 with regard to filing the application of Advance Ruling before the Advance Ruling Authority, thus rendering it an invalid application for Advance Ruling under Section 97(1) of the CGST Act, 2017 read with Rule 104 of the CGST Rules, 2017.

Accordingly, Instant application filed is hereby rejected under Section 98(2) of the CGST/GGST Act, 2017 being non-maintainable in view of the above discussion.

97(2)(e) & (g) View
3 Gujarat AAR-GW-852-2020-GJ 30-December-2020, GUJ/GAAR/ADM/2020/120 1. Surat Municipal Corporation

Whether the Supply made by M/s. INI Studio Pvt. Ltd. would qualify for Exemption under Entry No. 3 of the Notification No. 12 / 2017 – CT as a “Service” in relation to any functions entrusted to a municipality under article 243W of the Constitution as a “Pure Service” having no element of goods so as to construe it as “Works Contract’ as defined under Section 2 (119) of the Central Goods and Services Act, 2017 (CGST Act, 2017)”?

97(2)(a),(b) & (e) View
4 Gujarat AAR-GW-851-2020-GJ 30-December-2020, GUJ/GAAR/ADM/2020/119 1. Mohitkumar Mahendrabhai Patel

The applicant has neither filed the application in the prescribed format of GST-ARA-01 nor paid the required fees of Rs.10,000/- as required as per the provisions of aforementioned Sections and Rules. Therefore, the instant application is liable for rejection under Section 98(2) of the CGST Act, 2017 for not filing the application in proper FORM GST-ARA-01 and not paying the total fees of Rs.10,000/- i.e Rs.5,000/- under each head CGST & GGST as required under the provisions of CGST Act and Rules and respective GGST Act & Rules.

The applicant has failed to comply even with the statutory requirements of the provisions of the relevant sections and rules of the CGST Act, 2017/GGST Act, 2017 as well as the CGST Rules, 2017/GGST Rules, 2017 with regard to filing the application of Advance Ruling before the Advance Ruling Authority, thus rendering it an invalid application for Advance Ruling under Section 97(1) of the CGST Act, 2017 read with Rule 104 of the CGST Rules, 2017.

Accordingly, Instant application filed is hereby rejected under Section 98(2) of the CGST/GGST Act, 2017 being non-maintainable in view of the above discussion.

Nil View
5 Gujarat AAR-GW-850-2020-GJ 30-December-2020, GUJ/GAAR/ADM/2020/118 1. Khaitan Chemicals and Fertilizers Ltd.

Double taxation on freight portion of imported goods-

1. Goods imported and IGST levied on CIF Value (which includes freight)  Plus Basic Custom duty plus Social Welfare Cess.

2. IGST levied again on the freight component (Ocean Freight) on reverse charge basis.

In such circumstances, to levy and collect once again the Integrated Tax under the same Act on the supply (same aspect) amounts to double taxation.

the applicant has failed to comply even with the statutory requirements of the provisions of the relevant sections and rules of the CGST Act, 2017/CGST Rule, 2017 as well as the GGST Act, 2017/GGST Rules, 2017 with regard to filing the application of Advance Ruling before the Advance Ruling Authority, thus rendering it an invalid application for Advance Ruling under Section 97(1) of the CGST Act, 2017 read with Rule 104 of the CGST Rules, 2017.

97(2)(e) View
6 Gujarat AAR-GW-849-2020-GJ 30-December-2020, GUJ/GAAR/ADM/2020/117 1. Gujarat State Road Development Corporation Ltd

The applicant has not filed the application in the prescribed format of GST-ARA-01 as required under the provisions of CGST Act and Rules and respective GGST Act & Rules.

Accordingly, Instant application filed is hereby rejected under Section 98(2) of the CGST/GGST Act, 2017 being non-maintainable in view of the above discussion.

Nil View
7 Gujarat AAR-GW-847-2020-GJ 30-December-2020, GUJ/GAAR/ADM/2020/116 1. Ashokkumar Khimjibhai Patel

“We will start Trading of Zipper Roll, Zipper Roll with slider, Zip Fasteners, Zipper etc.,so that we sought advance ruling on:

1.    Classification of goods and applicable tax rate on that.
2.    Applicability of a notification issued under the provision of the Act.

The applicant has filed the application in the prescribed format of GST-ARA-01 but not paid the required fees of Rs.10,000/- as required as per the provisions of aforementioned Sections and Rules. Therefore, the instant application is liable for rejection under Section 98(2) of the CGST Act, 2017 for not paying the total fees of Rs.10,000/- i.e Rs.5,000/- under each head CGST & GGST as required under the provisions of CGST Act and Rules and respective GGST Act & Rules.

The applicant has failed to comply even with the statutory requirements of the provisions of the relevant sections and rules of the CGST Act, 2017/GGST Act, 2017 as well as the CGST Rules, 2017/GGST Rules, 2017 with regard to filing the application of Advance Ruling before the Advance Ruling Authority, thus rendering it an invalid application for Advance Ruling under Section 97(1) of the CGST Act, 2017 read with Rule 104 of the CGST Rules, 2017.

Accordingly, Instant application filed is hereby rejected under Section 98(2) of the CGST/GGST Act, 2017 being non-maintainable in view of the above discussion.

97(2)(a) &(b) View
8 Gujarat AAR-GW-846-2020-GJ 30-December-2020, GUJ/GAAR/ADM/2020/115 1. Abdulwahid Shamsudin

Whether the applicant can purchase the E- Scrap under RCM and pay taxed at 5% being Trader.

The applicant has filed the application in the prescribed format of GST-ARA-01 but not paid the required fees of Rs.10,000/- as required as per the provisions of aforementioned Sections and Rules. Therefore, the instant application is liable for rejection under Section 98(2) of the CGST Act, 2017 for not paying the total fees of Rs.10,000/- i.e Rs.5,000/- under each head CGST & GGST as required under the provisions of CGST Act and Rules and respective GGST Act & Rules.

The applicant has failed to comply even with the statutory requirements of the provisions of the relevant sections and rules of the CGST Act, 2017/GGST Act, 2017 as well as the CGST Rules, 2017/GGST Rules, 2017 with regard to filing the application of Advance Ruling before the Advance Ruling Authority, thus rendering it an invalid application for Advance Ruling under Section 97(1) of the CGST Act, 2017 read with Rule 104 of the CGST Rules, 2017.

Accordingly, Instant application filed is hereby rejected under Section 98(2) of the CGST/GGST Act, 2017 being non-maintainable in view of the above discussion.

97(2)(e) View
9 Gujarat AAR-GW-845-2020-GJ 30-December-2020, GUJ/GAAR/R/107/2020 1. Ananta Synthetic Innovations

Classification of the Geo Membrane for Waterproof Lining fabrics under HSN 59039090.
 

97(2)(a) View
10 Gujarat AAR-GW-844-2020-GJ 30-December-2020, GUJ/GAAR/R/106/2020 1. Baroda Medicare Private Limited

Question 1: Whether the supply of medicines, surgical items, implants, consumables and other allied services & items provided by the hospital through their hospital in house pharmacy, as well as food, room on rent, other services to the in-patients is part of composite supply of health care treatment; and hence not taxable under CGST/SGST?
Question 2 :    Whether the supply of Occupational Health Check-up service (OHC) by the hospital i.e. nursing staff, Doctors, Paramedical staff on hospital’s payroll working in different corporate for providing health check-up service, ambulance facility, and allied medical services to their employees and also the camps conducted for health check-up outside the hospitals, to be treated as Health Care service and hence not taxable under CGST/SGST?

97(2)(e) View