Alternative statutory remedy under GST bars writ challenge where classification, notice variance, and hearing disputes require factual appellate revie...
Duplicate PAN cancellation timeframe requires prior administrative representation before judicial intervention, ensuring a time-bound decision on the ...
Natural justice and pre-CIRP labour awards protect termination compensation, permitting withdrawal of court deposits despite later insolvency resoluti...
Arbitration of SEZ sub-lease monetary claims preserves rent, maintenance, termination, improvements and damages disputes while unused premises are vac...
Scientific research approval grants a research association tax recognition, subject to annual donor reporting, certification, and regulatory complianc...
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The AAR ruled that the applicant's generation and supply of electricity from their 10.2 MW solar power plant to TANGEDCO through grid constitutes a "supply" under GST provisions. As electricity attracts nil rate of tax under HSN 27160000 (Sl. No. 104 of N/N. 02/2017-CT(Rate)), it qualifies as an "exempt supply." While ITC on goods and services used in setting up the solar plant is eligible (subject to not claiming depreciation on the tax component under Income Tax Act), the applicant cannot avail ITC on goods and services exclusively used for the generation, supply, running, or maintenance of the solar power plant as these relate to exempt supplies under Section 17(2) and 17(3) of CGST/TNGST Act read with Rule 43(1)(a).
The AAR ruled that the applicant's generation and supply of electricity from their 10.2 MW solar power plant to TANGEDCO through grid constitutes a "supply" under GST provisions. As electricity attracts nil rate of tax under HSN 27160000 (Sl. No. 104 of N/N. 02/2017-CT(Rate)), it qualifies as an "exempt supply." While ITC on goods and services used in setting up the solar plant is eligible (subject to not claiming depreciation on the tax component under Income Tax Act), the applicant cannot avail ITC on goods and services exclusively used for the generation, supply, running, or maintenance of the solar power plant as these relate to exempt supplies under Section 17(2) and 17(3) of CGST/TNGST Act read with Rule 43(1)(a).
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