Page 160 - GSTL_23rd April 2020_Vol 35_Part 4

486 GST LAW TIMES [ Vol. 35

2020 (35) G.S.T.L. 486 (A.A.R. - GST - UK)
BEFORE THE AUTHORITY FOR ADVANCE RULING UNDER GST,
UTTARAKHAND
S/Shri Vipin Chandra and Amit Gupta, Members
IN RE : BHARAT HEAVY ELECTRICALS LTD.
Ruling No. 09/2019-20, dated 8-1-2020 in Application No. 05/2019-20
Valuation (GST) - Transaction value - Goods supplied within India
and billing done in foreign currency - Not possible to calculate value of supply
as per Section 15 of Central Goods and Services Tax Act, 2017 - Value to be de-
termined under Rule 34 of Central Goods and Services Tax Rules, 2017 - Rate
of exchange for imported goods as notified by the Board under Section 14 of
Customs Act, 1962 applicable. [paras 7, 8, 10]
Ruling in favour of assessee
REPRESENTED BY : Shri Deepak Agarwal, Deputy Manager, for the
Assessee.
[Ruling]. - This is an application under sub-section (1) of Section 97 of
the CGST/SGST Act, 2017 (hereinafter referred to as Act) and the rules made
thereunder filed by M/s. Bharat Heavy Electricals Ltd., Ranipur Hardwar, Utta-
rakhand (hereinafter referred to as ‘the applicant’) is registered with the GSTN
having Registration No. 05AAACB4146P1ZL and seeking advance ruling on the
following questions :
(a) In case where goods are supplied within India and billing is to be
done in foreign currency, which exchange rate to be applied rate
prescribed for export of goods or for import of goods;
(b) Any other clarification regarding application of rate to convert for-
eign currency into Indian rupees to pay GST.
2. Advance Ruling under GST means a decision provided by the au-
thority or the appellate authority to an applicant on matters or on questions spec-
ified in sub-section (2) of Section 97 or sub-section (1) of Section 100 in relation to
the supply of goods or services or both being undertaken or proposed to be un-
dertaken by the applicant.
3. As per the said sub-section (2) of Section 97 of the Act advance ruling
can be sought by an applicant in respect of :
(a) Classification of any goods or services or both
(b) Applicability of a notification issued under the provisions of this
Act,
(c) Determination of time and value of supply of goods or services or
both,
(d) Admissibility of input tax credit of tax paid or deemed to have been
paid,
(e) Determination of the liability to pay tax on any goods or services or
both,
(f) Whether the applicant is required to be registered,

GST LAW TIMES  23rd April 2020  280