Page 170 - GSTL_23rd July 2020_Vol 38_Part 4
P. 170

536                           GST LAW TIMES                      [ Vol. 38
                                            (J)  Ordnance Factory Bhandara had sought Advance Ruling on eight ques-
                                                 tions mentioned below before the AAR, Maharashtra. Question No. 8 was
                                                 withdrawn later on by Ordnance Factory Bhandara.
                                                  (1)  Being  a part of  the Ministry  of  Defence, Government  of India,
                                                      whether our organization Ordnance Factory Bhandara is liable to
                                                      pay GST on the following supply of services :-
                                                        (a)   Liquidated damages deducted from the payments to
                                                             be made to suppliers in case of delayed delivery of
                                                             goods or services.
                                                        (b)   Amount of Security deposit forfeited of suppliers due
                                                             to non-fulfillment of certain contract conditions.
                                                        (c)   Security deposit left unclaimed by the suppliers and
                                                             recognized as income after 3 years.
                                                        (d)   Food and beverages supplied at  industrial canteen
                                                             inside the factory premises.
                                                        (e)   Community hall (Multipurpose Hall) provided on
                                                             rental basis to employees of our organization.
                                                        (f)   School bus facility provided to children of the em-
                                                             ployees.
                                                        (g)   Conducting exams for various vacancies.
                                                        (h)   Rent recovered from residential quarters of employ-
                                                             ees.
                                                  (2)  Whether Input Tax Credit on expenditure on the goods and services
                                                      consumed by our organisation in following activities shall be avail-
                                                      able :-
                                                        (a)   Maintenance of garden inside the factory premises.
                                                        (b)   Maintenance and upkeep activities relating to gar-
                                                             dens, parks, playground, factory school for children
                                                             of employees, hall for recreational activities, residen-
                                                             tial quarter buildings of employees, roads, footpaths,
                                                             street lightings and other parts of estate area that are
                                                             located outside the  factory premises but within the
                                                             factory estate.
                                                        (c)   Medicines purchased by the hospital maintained by
                                                             our organisation and  used  for treatment of factory
                                                             employees  and their dependents. Expenditure on
                                                             maintenance, upkeep and other activities relating to
                                                             such hospital.
                                                        (d)   Expenditure  related to maintenance and upkeep of
                                                             guest houses maintained by organisation.
                                                        (e)   Expenditure  related to purchase of IPG cylinders
                                                             used within industrial canteen.
                                                  (3)  Whether the exemption to a ‘defence formation’ for preparation and
                                                      generation of E-way bills is applicable to Ordnance factories & oth-
                                                      er Central Government & Public Sector Undertakings (PSU’s) that
                                                      function under the Ministry of Defence, Government of India?

                                                          GST LAW TIMES      23rd July 2020      170
   165   166   167   168   169   170   171   172   173   174   175