Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
AAR held that the applicant's activities of collection, handling, storage, transportation, processing, bundling and final disposal of non-recyclable plastic waste supplied to a State-owned company (CKCL) constitute "solid waste management" services. AAR further held that CKCL, being a public limited company with 100% equity owned and controlled by the State Government through the Local Self-Government Department and entrusted with municipal solid waste management and sanitation functions under Art. 243W, qualifies as a "Governmental Authority" under GST law. Consequently, the services supplied by the applicant to CKCL are covered under Entry 3B of N/N. 12/2017-CT (Rate) as amended by N/N. 13/2023-CT (Rate) and are exempt from GST.
AAR held that the applicant's activities of collection, handling, storage, transportation, processing, bundling and final disposal of non-recyclable plastic waste supplied to a State-owned company (CKCL) constitute "solid waste management" services. AAR further held that CKCL, being a public limited company with 100% equity owned and controlled by the State Government through the Local Self-Government Department and entrusted with municipal solid waste management and sanitation functions under Art. 243W, qualifies as a "Governmental Authority" under GST law. Consequently, the services supplied by the applicant to CKCL are covered under Entry 3B of N/N. 12/2017-CT (Rate) as amended by N/N. 13/2023-CT (Rate) and are exempt from GST.
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