FCS Deepak Pratap Singh
Quick Summary
CASE-1 Applicants Name: Khera Trading Company Citation: Advance Ruling No. HAR/HAAAR/2018-19/06 The Haryana Appellate Authority of Advance Ruling (AAAR) bench held that 18% Goods and Service Tax (GST) is payable on pizza topping as pizza topping is not pizza. BRIEF FACTS The ap
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FAQ :
The Haryana Appellate Authority of Advance Ruling determined that pizza topping is classifiable as 'Food Preparations not elsewhere specified or included' and is chargeable to GST at 18%.
Although pizza topping contains mozzarella cheese and milk products, the Authority ruled it could not be classified as 'processed cheese' and merited classification under a different chapter heading for food preparations.
The main question was whether income from sub-leasing properties, along with maintenance and air conditioning charges, should be treated as 'income from business' or 'income from house property' under the Income Tax Act.
The High Court upheld the view that income derived from sub-leasing properties, especially when the original business has ceased or the primary activity is property exploitation, is generally assessable as 'income from house property'.
No, an advance ruling pronounced by the AAR or AAAR is binding only on the applicant and the concerned jurisdictional officer, not on similarly placed taxpayers.
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