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Archive: 04 October 2019

Posts in 04 October 2019

Motor Vehicles Act not bars Prosecuting an offenders under IPC: SC

October 4, 2019 21549 Views 0 comment Print

State of Arunachal Pradesh Vs Ramchandra Rabidas @ Ratan Rabidas & Anr. (Supreme Court) A prosecution, if otherwise maintainable, would lie both under the IPC and the MV Act, since both the statutes operate with full vigour, in their own independent spheres. Even assuming that some of the provisions of the MV Act and IPC […]

Transitional credit cannot be denied for mere elapse of time to file revised FORM GST TRAN-1

October 4, 2019 5160 Views 0 comment Print

Jakap Metind Pvt Ltd Vs Union of India (Gujarat High Court) In this case, it is not as if the petitioner has not filed FORM GST TRAN-1 within the time provided by the respondents under the rules. The petitioner had filed the form, but on account of not properly understanding the nature of the columns […]

CBDT circular on MAT: Can it be claimed if Opting For Lower Rate?

October 4, 2019 11241 Views 0 comment Print

CBDT vide Circular 29/2019 dated 2nd October, 2019 has clarified that Companies opting for lower tax rates as per Section 115BAA will have to forego any MAT Credit Entitlement. However such Circulars are binding over Assessing Officers and not on assessees. Thus option to take a different stand is still possible for assessees although chances […]

GST not payable on recovery of 50% Insurance Premium from employees

October 4, 2019 6336 Views 1 comment Print

In re Jotun India Pvt. Ltd (GST AAR Maharashtra) Whether recovery of 50% of Parental Health Insurance Premium from employees amounts to ‘supply of service’ under Section 7 of the Central Goods and Services Tax Act, 2017? AAAR has ruled that. they are not rendering any service of health insurance to their employees and hence, […]

GST on supply, erection, installation, commissioning and testing of UPS system for DMRC

October 4, 2019 28377 Views 1 comment Print

Whether the contract entered into with DMRC for supply, erection, installation, commissioning and testing of UPS system qualifies as a supply of works contract under Section 2(119) of the CGST Act?

GST on fees from MCGM for Operating Citizen Facilitation / Collection Centres

October 4, 2019 4230 Views 0 comment Print

In re M/s. VFS Global Services Private Limited (GST AAR Maharashtra) Whether the work for ‘Operating Citizen Facilitation Centre (CFC) at various Locations of MCGM on per transaction/receipt basis’ involving the aforesaid Scope of Work would be exempt from GST vide Sr. No.3 & 3A of amended Notification No. 12/2017  – Central (Rate) as on […]

No GST on Adoption Fees received from Adoptive Parents by Trust under Adoption Law

October 4, 2019 2043 Views 0 comment Print

Receipt of the Adoption Fees paid under Regulation 46 of the Adoption Regulations, 2017 by the Prospective Adoptive Parents to the Trust is exempted from the levy of Goods and Services Tax.

Hindu Succession Act not applies to private property of ruler by virtue of Section 5(ii)

October 4, 2019 8319 Views 0 comment Print

Smt. Krishana Kumari Devi Vs Harihar Chandra Bhanjdeo (Chhattisgarh High Court) It is, indisputably and fairly well settled that private was to remain with him under the covenant/agreement executed with the GOI and the said property has to pass on from one Ruler to another in terms of Article 5 of the agreement. It would […]

GST payable on Receipt of prize money from horse race conducting entities

October 4, 2019 5019 Views 0 comment Print

Whether receipt of prize money from horse race conducting entities, in the event horse owned by the applicant wins the race, would amount to ‘supply under section 7 of the Central Goods and Service Tax Act, 2017 or not and consequently, liable to GST or not?

GST payable on amount collected by Rotary club for convenience of members

October 4, 2019 4785 Views 0 comment Print

In re M/s. Rotary Club of Mumbai Western Elite (GST AAR Maharashtra) Question: – The amount collected by Rotary club is towards convenience of members and pooled together for paying meeting expenses, communication expenses, RI per capita dues, subscription fees to the Rotarian or Rotary regional magazine, district per capita assessment and the same is […]

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