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Archive: 20 August 2018

Posts in 20 August 2018

Gurudev Siddha Peeth allowed to withdraw GST advance ruling application

August 20, 2018 1017 Views 0 comment Print

The Application in GST ARA form No. 01 of Gurudev Siddha peeth, vide reference ARA 35 dated 07.03.2018 and revised dated 23.05.218 is disposed off as being withdrawn unconditionally.

Supply of photography service is liable to GST

August 20, 2018 7431 Views 1 comment Print

In re Segoma Imaging Technologies India Private Limited (GST AAR Maharastra) Question 1. – Whether the supply of photography service is liable to SGST under the Maharashtra Goods and Service Tax Act, 2017 (MGST Act, 2017) and CGST under Central Goods and Service Tax Act, 2017 (CGST Act) or IGST under Integrated Goods and Service […]

AAR: GST Rate on Chapatti, Corn Chips, Paratha, Naan,Pizza Bread base etc

August 20, 2018 17937 Views 0 comment Print

The Unleavened Flatbreads products such as plain chapatti, Tortilla, Tortilla Wraps, roti, Roti rolls, Wraps, Paratha and Paratha wraps are covered under Entry No. 99 A of Schedule I and they would be liable to tax @ 5% (2.5 % each for CGST and MGST and 5 % for IGST).

Snack provided while performing ‘Mandap keeper’ service cannot be equated to a satisfy meal

August 20, 2018 609 Views 0 comment Print

Woodlands Hotels Pvt. Ltd. Vs C.C.E & C.S.T. (CESTAT Bangalore) A snack cannot be equated to a high tea; for that logic, it comes rarely closer to a ‘substantial and satisfying meal’. Therefore, it is to be concluded that snack cannot fulfill the conditions of the food being substantial and satisfying. Therefore, we are of the […]

Service Tax Payable on Parking Space Sale by Builder in Residential Complex

August 20, 2018 4044 Views 1 comment Print

As per the definition of the Residential Complex Construction Services, parking space stands specifically included in the definition, thus leading to the inevitable conclusion that parking space is a part of the construction of Residential Complex Service and a separate consideration received by the appellant towards such parking charge would form part of the excisable value of the taxable services.

EPF Act 1952 vis-á-vis Income Tax Act – Tax Treatment of PF Dues

August 20, 2018 93255 Views 25 comments Print

Employer’s contribution and Employees’ contribution in India are governed by EPF Act, 1952. The employees’ contributions are obtained by employer @12% and along with equal contribution are deposited with the PF trust or PF commissioner at the designated bank account by the latter.

Cenvat credit eligible on commission /brokerage on sale of flats

August 20, 2018 1809 Views 0 comment Print

The respondent/assessee is engaged in providing the “construction of residential complex services, real estate agent services and business support services”. During the course of audit of records of the respondent/assessee it was observed that the assessee had availed Cenvat credit of service tax paid on “commission/brokerage on sale of flats” amounting to Rs. 40,56,453/- during the period from July 2013 to September 2015. Accordingly, a show cause notice was issued to the respondent/assessee as to why

GST on outward supplies made to ocean going merchant vessels on foreign run

August 20, 2018 4491 Views 1 comment Print

In re Fairmacs Shipstores Private Limited (GST AAR Andhra Pradesh) Whether they are exempted or not on their outward supplies made to ocean going merchant ships on forign run, and Indian Naval Ships and Indian Coast Guard Ships? The outward supplies made by the applicant to a) ocean going merchant ships which are in foreign […]

GST Registration if annual turnover from Biri manufacturing is less than 20 lakh

August 20, 2018 4983 Views 0 comment Print

In re J Abdul Rawoof Khan & Brothers (GST AAR Andhra Pradesh) Applicant is manufacturer of Biris and his annual business turnover is less than Rs.20 He does not have any inter-state outward taxable supply. He requested to clarify whether he is liable for registration under Sec.22 of CGST, SGST Acts 2017? At the time […]

Analysis of the word ‘Permanent Establishment’

August 20, 2018 257075 Views 0 comment Print

The concept of Permanent Establishment is one of the most important concepts in International Taxation. The existence of a Permanent Establishment or otherwise, would in most cases determine the exposure to domestic tax liability in the country of source.

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