Q. Whether the product by name ‘Crackle’ manufactured and supplied by the Appellant containing the ingredients sugar, Cashew Nuts, Butter, Liquid Glucose and other permitted flavours, should be classified under the Tariff Heading 1704 enumerated at Serial No. 32AA of Schedule -II ( wrongly mentioned as Schedule -III) of Notification No. 01/2017-CT (Rate) as a sugar Boiled Confectionary?
Ans. Affirmative
It was held by the authority that (i) The Appellant's proposed supplies are appropriately classifiable under SAC Heading No. 9954 answering to description ‘Construction Services’ which are in the nature of composite supply defined as works contract. (ii) SAC Heading No. 998621 is more specific to describe the proposed supplies, This view of the appellant is not supported by the EPC Contract of the appellant. (iii) The claim for classification of proposed supply to be covered under SAC Heading No. 998621 or alternatively under Heading 9983 is not sustainable. (iv) The proposed supplies, therefore, attract tax at the rate of 9% in terms of item (xii) of entry at Sl. No. 3 of Notification No. 11/2017-CT (R), dated 28.06.2017 as amended and 9 % in terms of Notification issued under the RGST Act, 2017. It was held that the Ruling dated 13.09.2021 of the AAR for Rajasthan in respect of the Appellant is modified hereby modified to the extent mentioned in item (iv) above. The appeal is disposed of accordingly.
It was held by the authority that
(i) The Appellant's proposed supplies are appropriately classifiable under SAC Heading No. 9954 answering to description ‘Construction Services’ which are in the nature of composite supply defined as works contract.
(ii) SAC Heading No. 998621 is more specific to describe the proposed supplies, This view of the appellant is not supported by the EPC Contract of the appellant.
(iii) The claim for classification of proposed supply to be covered under SAC Heading No. 998621 or alternatively under Heading 9983 is not sustainable.
(iv) The proposed supplies, therefore, attract tax at the rate of 9% in terms of item (xii) of entry at Sl. No. 3 of Notification No. 11/2017-CT (R), dated 28.06.2017 as amended and 9 % in terms of Notification issued under the RGST Act, 2017.
It was held that the Ruling dated 13.09.2021 of the AAR for Rajasthan in respect of the Appellant is modified hereby modified to the extent mentioned in item (iv) above. The appeal is disposed of accordingly.
It was held that the Ruling dated 13.09.2021 of the AAR for Rajasthan in respect of the Appellant is hereby modified to the extent mentioned in item (iv) above. The appeal is disposed of accordingly.
It was held that
1. M/s Jaipur Smart City Limited are covered under Governmental Authority as defined in the explanation to clause (16) of Section 2 of the IGST Act, 2017.
2. The supply related to 'fire fighting system with pump house in ABD Area & Purohitji ka Katla including 5 years Operating & Maintenance installation’ provided by the appellant to M/s JSCL is considered as supply of services provided to the Governmental Authority and are covered under Item number (vi) in Column (3) of serial number 3 of Notification No. 11/2017 – Central Tax (Rate) dated 28.06.2017 as amended by Notification No. 24/2017- Central Tax (Rate) dated 21.09.2017
3. The said services are liable to attract GST @ 12% (i.e. 6% CGST & 6% SGST) during the contracted period only up to 31.12.2021 as after that in column no. (3) of Serial No. 3 of Notification No. 11/2017 – Central Tax (Rate) dated 28.06.2017 the words “a Governmental Authority or a Government Entity” have been omitted vide Notification No. 22/2021- Central Tax (Rate) dated 31.12.2021 w.e.f. 01.01.2022.
4. In respect of amount paid as NOC for road cutting to Jaipur Nagar Nigam, Clause (b) of sub-section (2) of Section 7 of CGST Act, 2017 read with Notification No. 14/2017-Central Tax ( Rate) dated 28.06.2017 as amended by Notification No. 16/2018 - Central Tax (Rate) dated 26.07.2018 is not applicable in this case. Therefore, the appellant are liable to pay GST @18% (i.e. 9% CGST + 9% SGST) as a recipient under RCM.
5. The appellant are liable to pay GST on recovery of road cutting charges from M/s JSCL @18% (i.e. 9% CGST + 9% SGST).
1. Whether contract involving supply of equipment/machinery & erection, installation & commissioning services without civil work thereof would be contemplated as composite supply of cattle feed plant under GST regime? If the supplies would qualify as composite supply, what would be the classification of this bundle and applicable tax rate thereon in accordance with Notification No. 01/2017 – CT(Rate) dated June 28, 2017 (as amended). 2. Whether contract involving supply of equipment/machinery & erection, installation & commissioning services with civil work thereof would be contemplated as works contract service or not. If the supplies would qualify as composite supply of works contract, what would be the classification and applicable tax rate thereon in accordance with Notification No. 11/2017 – CT(Rate) dated June, 28, 2017 (as amended)?
1. Whether the incentives received under “Atma Nirbhar Gujarat Sahay Yojna” dated 16.05.2020 declared by the Gujarat Government could be considered as subsidy and not chargeable to tax? 2. Whether the incentive received under said scheme could be considered as supply of service under the provisions of section 7 under CGST Act? 3. Whether the incentive received under said scheme if considered as supply then would it be covered under section 7(2) of CGST Act? 4. Whether the incentive received under said scheme could be considered as excluded from the value of taxable supply under section 15(2)(e) of CGST Act, 2017.
1. Whether AJL would be qualified as ‘Local Authority’ under the Central Goods and Services Tax Act, 2017? 2. Whether AJL is liable to pay GST on procurement of security services received from any person other than body corporate under reverse charge mechanism, considering the exemption granted in sl. no. 3 of Notification No. 12/2017 – Central Tax (Rate) or sl. no. 3 of Notification No.09/2017 – IGST (Rate)? 3. Whether AJL is required to pay GST on advertisement services or the service recipient of AJL is required pay GST under reverse charge mechanism considering Notification no. 13/2017-Central tax (Rate) dated 28-06-2017? 4. Whether AJL is required to be registered as a deductor under GST as per the provision of Section 24 of the CGST Act? 5. If AJL does not qualify to be local authority under Central Goods and Services Tax Act, 2017 in Part A, can be it construed to be a government entity or a governmental authority?
