"10 December 2018" Archive

IGST Refund: HC allows modifications in GSTR-1 & GSTR-3B

Star Rays Vs Union of India (Bombay High Court)

Star Rays Vs Union of India (Bombay High Court) 1. This petition under Article 226 of the Constitution of India seeks a refund of integrated goods and service tax paid in respect of the goods which have been exported. The refund short is aggregates to an amount of Rs.8.42 crores and covers the period from […]...

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Date of Occupancy Certificate should be treated as date of completion: AAR

In re Bindu Ventures (GST AAR Karnataka)

In re Bindu Ventures (GST AAR Karnataka) (a) Which date should be considered as the date of completion of the property – the date of receipt of necessary approvals from BBMP / Karnataka Pollution Control Board / Karnataka Electricity Board or the date of receipt of completion certificate from a registered Chartered Engineer? The date [&...

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Non reduction of Chocolate price after GST Rate reduction is Profiteering: NAA

Pushpak Chauhan Vs M/s Harish Bakers & Confectioners Pvt. Ltd. (National Anti-Profiteering Authority)

Respondent had not reduced the prices of 2 products viz. the Nestle Munch Nuts 32 Gm. Chocolate and the Cadbury Dairy Milk Chocolate (here-in-after referred to as the products) and had thus not passed on the benefit of such rate reduction...

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Procedural checklist for conversion of Partnership Firm into Private Company

Applicability of Law(s): Chapter XXI, Part A Section 366 to 374 of Companies Act 2013 The Companies (Authorized to Registered) Rules, 2014.  Mode(s) / Method(s) of Conversion: Form a New Company as per prescribed under Companies Act 2013 with Conversion form. Prepare Execution deed to transfer the business together with all the assets an...

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An analysis of Impact of Companies (Cost Records and Audit) Amendment Rules, 2018

Ministry of Corporate affairs (MCA) on 3rd December released Companies (Cost Records and Audit) Amendment Rules, 2018. MCA has released draft rules earlier for public comments. However the rules published are very much different than what was being offered for public comments....

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Private Placement

1. As per section 42 of companies act 2013, a company may, subject to provisions of this section, make a private placement of securities. 2. A private placement shall be made only to a selected group of persons who have been identified by the board, whose number shall not exceed fifty or such higher amount as may be prescribed....

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28% GST Payable on Disc Brake Pads under chapter heading 8708

In re Compo Advice India Private Limited (GST AAR Maharashtra)

In re Compo Advice India Private Limited (GST AAR Maharashtra) Whether under which HSN Code our Product Disc Brake Pads  to be classified under 6813 or under 8708 as there are different rate charged in both code? The Product i.e. Disc Brake Pads falls under chapter heading 8708 and would be liable to tax @ […]...

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GST payable on transportation charges Levied by Emco on Powergrid

In re Emco Limited (GST AAR Maharashtra)

In re Emco Limited (GST AAR Maharashtra) Question: -1. The question/ issue is whether GST is leviable on the transportation charges Levied by the Applicant on Power Grid Corporation of India Limited (PGCIL)? Answer: – Answered is in the affirmative. Question: -2. In case the GST is payable, what would be the rate of GST […]...

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Supply of photography service is liable to GST

In re Segoma Imaging Technologies India Private Limited ( GST AAR Maharastra)

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 [&h...

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CIDCO is ‘Government Entity’ for GST: 12% GST applicable

In re Leena Power Tech Engineers Pvt Ltd (GST AAR Maharashtra)

Whether CIDCO is covered under the definition of the term 'Government Entity' as per Notification No. 31/2017 - Central Tax (Rate) dated 13 October 2017?...

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