Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified...
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The AAR ruled on classification of fitted assets supply services on hire basis. The authority determined that the applicant's services constitute leasing/rental services rather than goods leasing, as permanently installed machinery loses its movable property nature under GST. The services involve restricted supply up to tap off points without responsibility for input power quality. Distinguishing from cloud computing scenarios and referencing relevant precedents, the AAR classified the supply under serial no 17(viii) of Notification No. 11/2017-Central Tax (Rate). Being a mixed supply, the services attract GST at 18% rate as leasing/rental services, applying the highest applicable tax rate principle for mixed supplies.
The AAR ruled on classification of fitted assets supply services on hire basis. The authority determined that the applicant's services constitute leasing/rental services rather than goods leasing, as permanently installed machinery loses its movable property nature under GST. The services involve restricted supply up to tap off points without responsibility for input power quality. Distinguishing from cloud computing scenarios and referencing relevant precedents, the AAR classified the supply under serial no 17(viii) of Notification No. 11/2017-Central Tax (Rate). Being a mixed supply, the services attract GST at 18% rate as leasing/rental services, applying the highest applicable tax rate principle for mixed supplies.
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