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TMI Blog2018 (9) TMI 2014X X X X Extracts X X X X X X X X Extracts X X X X ..... nce Ruling dated 2-7-2018 enclosing duly filled Form ARA-01(the application form for Advance Ruling) along with annexure and attachment. 4. The applicant in his application sought following question for determination by the Authority - (a) How to transfer the portion of input tax credit as belonging to Sandila unit (covered by the Infrastructure & Industrial Investment Policy 2012 of the State of Uttar Pradesh for claiming refund of UP GST component paid in cash in the prescribed percentage of the Policy), lying in common electronic credit ledger of one common U.P. registration opted for 7 units including Sandila unit while migrating to the GST regime with effect from July, 2017? 5. The applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld by the Company include Pepsi, Diet Pepsi, Seven-Up, Mirinda Orange, Mirinda Lemon, Mountain Dew etc. PepsiCo NCB brands sold by the Company include Tropicana (100%, Essentials & Delight), Tropicana Slice, Tropicana Frutz, Seven-Up Nimbooz and Quaker Oat Milk as well as packaged drinking water under the brand Aquafina. 10. It was submitted that as on March, 2018, VBL has 20 manufacturing plants in India, out of which 7 manufacturing plants are in the State of Uttar Pradesh. Prior to the year 2017, the Company was operating 6 manufacturing plants in Uttar Pradesh viz., Gr. Noida 1, Gr. Noida 2, Kosi, Sathariya 1, Sathariya 2 and Jainpur ("other U.P. units"). The Company had taken Central Excise registration separately for all the 6 u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that to establish Uttar Pradesh as the most preferred destination for investment by attracting investors, thereby accelerating the economic growth and creating vast employment opportunities, resulting in qualitative improvement in the living standard of people, the U.P. Industrial Investment Policy was introduced in the year 2012 encouraging investment both in Infrastructure and Industry. 16. Mega Projects under the U.P. Industrial Investment Policy means private or joint sector (in which the equity of government or any public sector enterprise is less than or equal to 49%), industrial units with proposed investment of Rs. 200 Crore or more, which act as anchor units in their respective fields, provide employment on large sc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 500 crore in accordance with G.O. No. 2563/77-6-16-L.C.66/2016, dated December 21, 2016 ("G.O."), subject to the conditions mentioned therein. 20. The G.O., inter alia, entitles VBL for refund of 80% of the total taxes i.e. VAT/CST and GST, which have become due and have been deposited into the State Government exchequer (i.e. paid in cash), along with other benefits as to stamp duty, etc. 21. Accordingly, in pre-GST era, the Company was availing benefit of 80% of the VAT and CST paid on account of the following : (a) Sales made within the State (VAT); and (b) Sales in the course of inter-State trade and commerce (CST). 22. Since, the facilities/reliefs were granted to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . registration opted for 7 units including Sanila unit while migrating to the GST regime with effect from July 1, 2017." 26. We observe that the Section 97(2) of the GST Act specifies the question on which Advance Ruling is sought, shall be in respect of the following :- (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 s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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