RULING OF APPELLATE AUTHORITY FOR ADVANCE RULING UNDER GST

S.No. Name of The Applicant Brief of Order- in -Appeal Order No. & Date View 
41 Tamilnadu Skill Development Corporation The is Appeal Dismissed as there is no reason to interfere with the original Ruling. TN/AAAR/08/2022(AR) DATED 23.03.2022 Click here
40 M/s Rasi Nutri Foods The Appeal is Permitted to be withdrawn and no ruling is extended. TN/AAAR/07/2022(AR) DATED 09.03.2022 Click here
39 M/s SHV Energy Private Limited 1. In respect of Q.No.1, the subject appeal is disposed as there is no reason to interfere with the Order of Advance Ruling Authority
2. In respect of Q.No.2 and 3, as there is difference of opinion between the members, no ruling is offered as per Section 101(3) of the CGST/TNGST Act 2017.
TN/AAAR/06/2022(AR) DATED 07.03.2022 Click here
38 PSK Engineering Construction & Co. Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/05/2022(AR) DATED 23.02.2022 Click here
37 GRB Dairy Foods Pvt. Ltd Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/04/2022(AR) DATED 23.02.2022 Click here
36 M/s Healersark Resources Private Limited 1. The supply envisaged in the agreement entered with AMSL is a composite supply with 'Provision of Accomodation SAC-9963' as Principal Supply.
2.The exemption at Sl.No.14 of Notification No.12/2017 -CT(rate) dated 28.06.2017 is applicable to the case in hand.
TN/AAAR/03/2022(AR) DATED 11.02.2022 Click here
35 M/s Krishna Bhavan Foods & Sweets Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/02/2022(AR) DATED 13.01.2022
 
Click here

 

34 M/s Navbharat Imports Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/01/2022(AR) DATED 13.01.2022
 
Click here

 

33 M/s INOX Air Products Pvt Ltd The ruling of the lower authority is upheld. TN/AAAR/22/2021(AR) DATED 02.12.2021 Click here
32 M/s Tiruppur City Municipal Corporation i.In respect of Q.No. 1, Sl. No. 5-B (Rent for locker provided in bus stand by the appellant) it is held to be an activity undertaken by the Municipality as a function entrusted under 243 W of the Constitution and the service of rent or fee collection for such a facility is neither a Supply of Goods nor a supply of Service as per Notification No. 14/2017-CT (Rate)
ii. In respect of Q.No. 2, the transaction between the corporation and the contractor as listed in Sl.No. 1. to 9, except at SI.No. 5A-Charges for TV advt. in Bus Stand &Sl.No.6 Bunk Stalls' of the said question, in the factual matrix presented, it is held to be an activity/transaction in relation to the activity/transaction undertaken by the appellant engaged as Public Authority and the same are covered under Notification No. 14/2017-C.T.(RATE) as amended
iii. In respect of Q.No. 2, Sl.No. 5A-Charges for TV advt. in Bus Stand & Sl. No. 6 -Bunk Stall' of the said question, the same is covered under Sl.No. 7 of Notification No. 12/2017-CT (Rate) as well as charging of tax on RCM basis under Sl.No. 5 of Notfn No. 13/2017-CT (Rate) subject to fulfillment of the conditions therein is available to appellant.
iv. In respect of supply of services of allowing road cutting, and the subsequent track renting, the situation being factual in as much gas the road cutting is followed by laying of cables by telephone companies for which track rent is collected, the supply would be a Composite Supply extended to this particular activity not extended to all types of road cutting activities.
TN/AAAR/21/2021(AR) DATED 01.12.2021 Click here
31 M/s The Erode City Municipal Corporation i.In respect of Q.No. 1, Sl. No. 5-B (Rent for locker provided in bus stand by the appellant) it is held to be an activity undertaken by the Municipality as a function entrusted under 243 W of the Constitution and the service of rent or fee collection for such a facility is neither a Supply of Goods nor a supply of Service as per Notification No. 14/2017-CT (Rate).
ii. In respect of Q.No. 2, the transaction between the corporation and the contractor as listed in Sl.No. 1. to 9 and 13, except at SI.No. 5A-Charges for TV advt. in Bus Stand; 5C-Flower shop in bus stand in open space & Sl.No.7 Bunk Stalls' of the said question, in the factual matrix presented, it is held to be an activity/transaction in relation to the activity/transaction undertaken by the appellant engaged as Public Authority and the same are covered under Notification No. 14/2017-C.T.(RATE) as amended.
iii. In respect of Q.No. 2, Sl.NO. 5A-Charges for TV advt. in Bus Stand; 5C-Flower Shop in bus stand in open space & Sl. No. 7 -Bunk Stall' of the said question, the same is covered under Sl.No. 7 of Notification No. 12/2017-CT (Rate) as well as charging of tax on RCM basis under Sl.No. 5 of Notfn No. 13/2017-CT (Rate) subject to fulfillment of the conditions therein is available to appellant.
iv. In respect of supply of services of allowing road cutting, and the subsequent track renting, the situation being factual in as much gas the road cutting is followed by laying of cables by telephone companies for which track rent is collected, the supply would be a Composite Supply extended to this particular activity not extended to all types of road cutting activities.
TN/AAAR/20/2021(AR) DATED 01.12.2021 Click here
30 UNIQUE AQUA SYSTEMS The issue is not answered and is deemed to be that no ruling is issued under Section 101(3) of CGST/TNGST Act 2017 because of the difference of opinion between the members. TN/AAAR/19/2021(AR) DATED 13.10.2021 Click here
29 M/s NEW TIRUPUR AREA DEVELOPMENT CORPORATION LIMITED 1.The reference made by the AAR on the divergent views as well as the ruling sought by the appellant, is answered as affirmative with regard to exemption available to the supply of potable water made by the appellant under notfn. No.2/2O17-CT (R) ibid.
2. The subject appeal is disposed of as all the questions raised by the appellant are answered as per AAR's ruling.
TN/AAAR/17 & 18 /2021(AR) DATED 30.06.2021 Click here

 

28 M/s BRITAANIA INDUSTRIES LIMITED Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/16/2021(AR) DATED 30.06.2021 Click here

 

27 ARAVIND DRILLERS Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/15/2021(AR) DATED 30.06.2021 Click here

 

26 VALLALAR BOREWELLS Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/14/2021(AR) DATED 30.06.2021 Click here

 

25 SI AIR SPRINGS PRIVATE LIMITED Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/13/2021(AR) DATED 29.06.2021 Click here

 

24 M/s Tamilnadu Generation and Distribution Corporation Limited Advance Ruling Pronounced by AAR upheld,except in thecase of GST leviability on the supply of manpowerwhen the employees are in the roll of TANTRANSCO for which reimbursement is paid to TANGEDCO. TN/AAAR/12/2021
(AR) DATED 30.03.2021
Click here
23 M/s Kalyan Jewellers India Limited The Order of the Advance Ruling Authority is modified to the extent that the time of supply of the gift vouchers / gift cards by the applicant to the customers shall be the date of issue of such vouchers and the applicable rate of tax is that applicable to that of the goods TN/AAAR/11/2021(AR) DATED 30.03.2021 Click here
22 M/s ICU Medical India LLP The Ruling pronounced by the Advance Ruling Authority is modified to the extent that GST is leviable on the reimbursement amount, being advance payment made by the holding company towards the cost incurred for the provision of Software Services supplied by the appellant, as per the Time of Supply provided under Section 13 of CGST/TNGST Act 2017 and applicable rate is that applicable to the supply of Software Services made by them. TN/AAAR/10/2021(AR) DATED 10.03.2021 Click here
21 M/s Kalis Sparkling Water Private Limited Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/09/2021(AR) DATED 10.03.2021 Click here
20 M/s Sumeet Facilities Limited Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/08/2021(AR) DATED 05.03.2021 Click here
19 M/s Erode Infrastructures Private Limited Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/07/2021(AR) DATED 05.03.2021 Click here
18 Tvl.Padmavathi Hospitality & Facilities Management Service Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/06/2021(AR) DATED 05.03.2021 Click here
17 M/s Chennai Metro Rail Limited Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/05/2021(AR) DATED 04.03.2021 Click here
16 M/s HYT SAM INDIA(JV) Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/04/2021(AR) DATED 04.03.2021 Click here
15 M/s S.A.Safiullah And Co. The Appellate Authority ruled that the product of the appellant 'Nizam Pakku' classifiable under CTH 0802 8090 is leviable to 2.5% CGST as per Sl.No.28 of Annexure-I of Notification No.01/2017- C.T(rate) dated 28.06.2017 and 2.5% SGST under Sl.No.28 of Annexure -I of Notification No. II(2)/CTR/532(d-4)/2017 vide G.O.(Ms) No.62 dated 29.06.2017 as amended TN/AAAR/03/2021(AR) DATED 12.02.2021 Click here
14 M/s Macro Media Digital Imaging Private Limited Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/02/2021(AR) DATED 12.02.2021 Click here
13 Shapoorji Pallonji and Company Private Limited The Appellate Authority has ruled as follows:
1.With regard to the Mobilization Advance transitioned into GST on which no Service Tax is paid as per Chapter V of Finance Act 1994, the issue is not answered and is deemed to be that no ruling is issued under Section 101 3 of the CGST TNGST Act 201 7 because of the difference of opinion between both the Members.
2. On the issue of eligibility of Transitional Credit, we hold that the same is not under the purview of the Advance Ruling
TN/AAAR/01/2021(AR) DATED 25.01.2021 Click here
12 Kavi Cut Tobacco (Proprietor Arumugam) Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/03/2020(AR) DATED 29.09.2020 Click here
11 Rajesh Rama Varma Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/02/2020(AR) DATED 18.08.2020 Click here
10 M/s. Rich Dairy Products (India) Pvt Ltd No reason to interfere with the Order of the Advance Ruling Authority. The subject appeal is disposed of accordingly. TN/AAAR/01/2020(AR) DATED 10.02.2020 Click here
9 Specsmakers Opticians Private Limited The appellant is eligible to adopt the value as per second proviso to Rule 28 of the CGST/TNGST Rules 2017, at the time of supply of goods from the State of Tamil Nadu in the terms of the scenario discussed, in as much as the recipient distinct person is eligible for input tax credit as required under the said proviso. TN/AAAR/09/2019(AR) DATED 13.11.2019 Click here
8 Sanghvi Movers Limited The appellant is eligible to avail full input tax credit of tax paid by SML Ho on the lease/hire of cranes to them for furtherance of business, subject to other conditions of eligibility to such credit as per section 16 of CGST/TNGST Act 2017 TN/AAAR/08/2019(AR) DATED 13.11.2019 Click here
7 A.M ABDUL RAHMAN ROWTHER & CO The Order 37/AAR/2019 dated 27.08.2019 passed by the lower authority in the case of the appellant is set aside. The matter is remanded to the lower authority for consideration and passing of appropriate orders on whether issue raised in the application by the appellant was already pending before the department after extending opportunity to the appellant. Order No.07/AAR/2019(AR) dated 21.10.2019 Click here
6 Malli Ramalingam Motilal Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/06/2019(AR) DATED 07.08.2019 Click here
5 M/s Rajiv Gandhi Centre For Aquaculture Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/05/2019(AR) DATED 26.07.2019 Click here
4 M/s MRF Limited The order issued by the original authority for advance ruling is set aside. The appellant can avail Input tax credit of the full GST charged on the undiscounted supply invoice of goods/services by their suplliers. A proportionate reversal of the credit is not required to be done by them in case of a post purchase discount given by the supplier to them throught the C2FO platform, in the circumstances mentioned by the applellant. This is subject to their fulfilling the other conditions stipulated by law and that the GST paid by them for the said goods/services is not reversed or reimbursed/ re-credited etc to them in any manner by the supplier or on his behalf after the credit has been availed by the appellant. The ruling is limited to cases where a post purchase discount is extended by the supplier of goods or services to the appellant on account of their registering in the interactive automated data exchange arrangement setup by C2FO India LLP, which is the subject matter of this advance ruling. TN/AAAR/04/2019
(AR) DATED 24.06.2019
 
Click here
3 M/s RMKV Fabrics Private Limited Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/03/2019 (AR) DATED 13.05.2019 Click here
2 Mrs.Senthilkumar Kumar Thilagavathy (M/s.JVS Tex) Advance Ruling Pronounced by AAR upheld. Appeal Dismissed TN/AAAR/02/2019 (AR) DATED 18.03.2019  Click here
1 M/s Saro Enterprises Advance Ruling Pronounced by AAR upheld. Appeal Rejected TN/AAAR/01/2019 Dated 06.02.2019  Click here