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Avantika Contractors (I) Ltd. vs Appellate Authority for Advance Ruling (GST) & Ors.

Date of Order: August 6, 2024
Subject: Taxability of works contract executed outside India
Description:

The petitioner challenged an appellate advance ruling holding that GST was payable on works contract services executed entirely in Maldives. The factual background showed that the construction project was undertaken pursuant to a Government-to-Government agreement, executed through a fixed establishment in Maldives, and was registered under Maldivian GST law.
The Court examined the scope of territorial applicability of CGST and IGST Acts, provisions relating to place of supply, and location of supplier. The challenge to the advance ruling was considered in light of statutory provisions and binding constitutional principles.

 

Foot Note:

Case laws referred:
ABL International Ltd. v. Export Credit Guarantee Corpn. of India Ltd., (2004) 3 SCC 553
Gas Authority of India Ltd. v. Indian Petrochemicals Corporation Ltd., (2023) 3 SCC 629
Abhishek Kumar v. NBCC Ltd., 2017 SCC OnLine Jhar 290

 

Other Case Law

Case laws referred: S/s Dinesh Kumar Pradeep Kumar v. Additional Commissioner, Grade-II, 2024 SCC OnLine All 2846 M/s Janta Machine Tools v. State of U.P., 2025 SCC OnLine All 1763 M/s Nikhil Trade & Exports vs Additional Commissioner Grade-II (Appeals) &

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