Page 164 - GSTL_23rd April 2020_Vol 35_Part 4

490 GST LAW TIMES [ Vol. 35
foreign currency from the customer. Thus we observe that in the present case
rate of exchange of imported goods shall be applicable inasmuch as the foreign
currency price in the contract is to cover imported content of the material used
for intended purpose.
9. In view of the above, we pass the following order :
ORDER
10. The value of goods, supplied within India and billing done in for-
eign currency, shall be determine under Rule 34 of CGST Rules, 2017 and rate of
exchange for imported goods as notified by the Board under Section 14 of the
Customs Act, 1962 shall be applicable to the present case.

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2020 (35) G.S.T.L. 490 (A.A.R. - GST - Kar.)
BEFORE THE AUTHORITY FOR ADVANCE RULING UNDER GST,
KARNATAKA
Dr. Ravi Prasad M.P., Member (State Tax) and Shri Mashhood ur Rehman
Farooqui, Member (Central Tax)
IN RE : VIKRAM TRADERS

Advance Ruling No. KAR ADRG 08/2020, dated 10-3-2020
Advance Ruling application - Maintainability of - Pendency of similar
issue before Supreme Court - Similar issue decided in favour of applicant by
High Court of Orissa in 2019 (25) G.S.T.L. 341 (Ori.) - However, Department
has filed an appeal before Supreme Court of India, against this decision - Con-
sequently, issue is pending before Supreme Court and therefore the said issue
is subjudice and the instant application is liable for rejection under Section
98(2) of Central Goods and Services Tax Act, 2017. [paras 8.4, 8.5]
Application rejected
CASES CITED
Chief Commissioner v. Safari Retreats Pvt. Ltd.
— 2020 (32) G.S.T.L. J120 (S.C.) — Referred ....................................................................... [Paras 8.5, 10]
Safari Retreats Private Limited v. Chief Commissioner
— 2019 (25) G.S.T.L. 341 (Ori.) — Referred ............................................................... [Paras 5, 6, 8.4, 8.5]
REPRESENTED BY : Shri Sanjay Dhariwal Mandal, CA & Authorised
Representative, for the Assessee.
[Order]. - M/s. Vikram Traders (called as the ‘Applicant’ hereinafter),
Subramanyapura, Uttarahalli, Bengaluru-560 061, Karnataka, having GSTIN
Number 29AAAFV7242B1ZB, have filed an application for Advance Ruling un-
der Section 97 of CGST Act, 2017 & KGST Act, 2017 read with Rule 104 of CGST
Rules, 2017 & KGST Rules, 2017, in Form GST ARA-01 discharging the fee of Rs.
5,000/- each under the CGST Act, 2017 and the KGST Act, 2017.
2. The applicant is engaged in the business of renting of immovable
property apart from manufacture and supply of fabric, registered under GST law
and procured the following inward supplies that are attributable for renting of
immovable property.
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