"17 October 2019" Archive

Classification of goods not alter on account of supply to Railways

In re M/s Parker Hannifin India Pvt. Ltd. (GST AAR Karnataka)

The filters are classifiable under HSN Heading 8421. The classification of the goods shall not alter on account of supply by distributor to Railways....

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Parts of tillers classifiable under HSN Code 8432 90 90

In re V.S.T Tillers Tractors Ltd. (GST AAR Karnataka)

In re V.S.T Tillers Tractors Ltd. (GST AAR Karnataka) Whether the applicant is right in classifying certain components, spares and accessories with HSNs under reference applicable to Tractors, Tillers and other farm equipments though such goods are sold to them under different HSNs attracting peak rate due to certain constraints. 1. Parts...

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No Refund of IGST when goods been procured by utilising benefit of N/N. 40/2017-Central Tax (R)

In re Toyota Tsusho India Private Ltd (GST AAR Karnataka)

In re Toyota Tsusho India Private Ltd (GST AAR Karnataka) “a) Whether the restriction introduced by Notification No. 3/2018 – Central tax (later substituted by Notification No.39/2018- Central Tax dated 04.09.2018 retrospectively from 23.10.2017) on claiming refund of IGST paid on export of goods by inserting Rule 96(10) is applic...

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GST not payable on drilling bore wells and their energisation for Govt entities

In re M/s Yashaswini Enterprises (GST AAR Karnataka)

It could be seen from the above that the function of implementation of individual irrigation works has been entrusted to the Taluk Panchayat. The activity of drilling bore wells and their energisation, involved in the supply of the applicant is clearly in relation to the said function entrusted to the panchayat by Government of Karnataka,...

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AAR cannot rule on issue already decided by jurisdictional authority

In re N Ranga Rao & Sons Pvt Ltd (GST AAR Karnataka)

In re N. Ranga Rao & Sons Pvt Ltd (GST AAR Karnataka) Hearing was granted and in the Hearing, the applicant was given to know that the issue raised before the Advance Ruling Authority is not maintainable as it questioned the vires of the Notification amending the Rules and it was not within the scope […]...

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Pooja Oil classifiable under tariff heading 1518, 12% GST Payable

In re S.K. Aagrotechh (GST AAR Karnataka)

In re S.K. Aagrotechh (GST AAR Karnataka) Whether ‘Pooja oil’ can be classified under tariff item 1518 of Schedule-I (taxable at 5%.) or Schedule-II (taxable at 12%) of Notification No.01/2017-CT(R) dated 28.06.2017, as amended from time to time? The ‘Pooja Oil’, classified under tariff heading 1518, being inedible...

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Printed text books for PUC Board classifiable under HSN Code 4901 1010

In re Sri Venkateshwara Enterprises (GST AAR Karnataka)

In re Sri Venkateshwara Enterprises (GST AAR Karnataka) A. Whether the printed text books for PUC Board classifiable under HSN Code 4901 1010 supplied to resellers is exempt from the payment of CGST and SGST? The printed text books, classifiable under HSN Code 4901, supplied to resellers are covered under Entry No.119 of Notification No.0...

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GST on amount collected by RWA from members for setting up corpus fund

In re M/s Vaishnavi Splendour Home Owners Welfare Association (GST AAR Karnataka)

In re M/s Vaishnavi Splendour Home Owners Welfare Association (GST AAR Karnataka) i. Whether the applicant is liable to pay CGST and SGST on the amount of contribution received from its members? The applicant is liable to pay CGST and SGST on the amount of contribution received from its members as their activities of amounts […]...

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Supply of ‘access cards’ with contents supplied by recipient of supply classifiable under SAC 9989

In re Pattabi Enterprises (GST AAR Karnataka)

In re Pattabi Enterprises (GST AAR Karnataka) In the instant case the applicant is engaged in printing the content supplied by the recipient using their own physical inputs including paper, ink etc. Since there is involvement of rights to stay in the temple precincts attached to the card and other involvement of privileges and can [&helli...

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Printing of Question papers with content supplied by educational institutions classifiable under SAC 9989

In re The Bangalore Printing and Publishing Co.Ltd. (GST AAR Karnataka)

The activity of printing of question papers by the applicant with the content supplied by educational institutions constitutes a supply of Services under Heading 9989 of the scheme of classification of services....

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GST on supply of Kapton Polyimide Film Adhesive Tape to Indian Railways

In re Intek Tapes Private Limited (GST AAR Karnataka)

In re Intek Tapes Private Limited (GST AAR Karnataka) What is the Applicable rate of tax on supply of Kapton Polyimide Film Adhesive Tape to Indian Railways for use in its railway locomotives. Rate of tax on supply of Kapton Polyimide Film Adhesive Tape to Indian Railways for use in its railway locomotives shall be […]...

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Concessional GST Rate not applicable on Supply to Govt entities who are enraged in business

In re Maxwell Electrical Engineers (GST AAR Karnataka)

In re Maxwell Electrical Engineers (GST AAR Karnataka) 1. Whether the rate of tax specified in entry Sl No 3 (vi) (a) of notification 11/2017-CGST (Rate) as amended till date is applicable for the aforesaid service as a main contractor or the rate of tax specified in Entry Sl. No. 3 (ix) of 11/2017 –Central […]...

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AAR on GST on Maintenance, Electricity Charges etc. charged by Housing Society

In re M/s Prestige South Ridge Apartment Owners' Association (GST AAR Karnataka)

In re M/s Prestige South Ridge Apartment Owners’ Association (GST AAR Karnataka) Question 1) Whether the activity of procuring Goods and Services from third parties for upkeep and maintenance of Apartments and collecting the monies from its members to pay third party vendors is an activity liable to GST? Answer 1. The activity of pr...

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GST on sub-contract of design, testing, commissioning of transmission of towers awarded to principal contractor by state government entities

In re P.S. Electricals (GST AAR Karnataka)

In re P.S. Electricals (GST AAR Karnataka) Question 1- What is rate of tax applicable to the composite supply of works contract as defined in clause (119) of Section 2 of Central Goods and Services Act, 2017 (The Act), undertaken by the supplier (applicant) ie., whether the GST rate 18% or 12% is to be […]...

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Extend due date to take Input Tax Credit for Financial Year 2018-2019

As per the above provision the last date for taking input tax credit for the Financial Year 2018 — 2019 is 20th October 2019 We humbly submit the following practical issues before your good self: Last date for Income Tax Audit under section 44AB is extended till 31st October 2019. It is respectfully submitted over and above the tax pay...

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Debts in Ancient India

this modern legislation is working towards bringing a paradigm shift in the manner of resolution of distressed firms in the country, it is important to note that the practice of recovery of debt from the person of the debtor has been a common practice since the inception of insolvency law....

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Sabka Vishwas in layman’s language & the peaceful way ahead

The Sabka Vishwas Legacy Dispute Resolution Scheme, 2019, that was initiated by the government from the 1st of September 2019, has since been the cynosure in the indirect tax spectrum. Indirect tax litigation pertaining to the pre-GST regime is an ocean and this scheme is mainly aimed at containing the said ocean in a bottle. […]...

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Group Insolvency – The Need for Codification

With the introduction of the Insolvency and Bankruptcy Code, 2016 (Code), the consolidation of fragmented laws relating to reorganisation in distressed situations, insolvency resolution to reconstitute the company's promoters, novate the loan agreements, settle dues of workmen and employees and pay the financial creditors (FCs) and operat...

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GST on Char-Dolochar/Dolochar (Waste emerging during manufacturing of Sponge Iron)

In re M/s Jairaj Ispat Limited. (GST AAR Karnataka)

In re M/s Jairaj Ispat Limited. (GST AAR Karnataka) The Char-Dolochar/Dolochar (waste emerging during the process of manufacturing Sponge Iron) supplied by the Applicant is classifiable under Tariff Item 26190090 of Customs Tariff Act, 1975 and therefore, in view of Entry 28 of Schedule III of Notification 01/2017- Integrated Tax (Rate) d...

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Foreign Exchange Management (Non-debt Instruments) Rules, 2019

Notification No. S.O. 3732(E). (17/10/2019)

(1) These rules may be called the Foreign Exchange Management (Non-debt Instruments) Rules, 2019. (2) Save as otherwise provided in these rules, they shall come into force from the date of their publication in the Official Gazette....

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GST on Compensation for obligation to refrain from an Act, or to tolerate an Act

In re Goa Industrial Development Corporation (GST AAR Goa)

In re Goa Industrial Development Corporation (GST AAR Goa) Q. Is an obligation to refrain from an Act, or to tolerate an Act or a situation treated as supply of Goods/Services (Schedule II U/s 7 Scope of Supply). A. The compensation paid by GIDC would clearly qualify as ‘Supply’ under clause 5(e) of Schedule II […]...

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Foreign Exchange Management (Debt Instruments) Regulations, 2019

Notification No. FEMA 396/2019-RB/G.S.R . 796(E) (17/10/2019)

(1) These Regulations may be called the Foreign Exchange Management (Debt Instruments) Regulations, 2019. They shall come into force from the date of their publication in the Official Gazette....

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Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) Regulations, 2019

Notification No. FEMA. 395/2019-RB / G.S.R . 795(E) (17/10/2019)

a) These regulations may be called the Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) Regulations, 2019. b) They shall come into force from the date of their publication in the Official Gazette....

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Drawbacks of One Person Company (OPC)

If you are planning to register one person company then you MUST know the drawbacks of One Person Company registration. A) One of the biggest disadvantage of company registration is that the owner of one person company cannot incorporate or register another one person company and the nominee of one person company cannot become nominee [&h...

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How to start your Start up in Testing Phase

Hello Friends, as per worldwide survey data, approx 85-90% startup closed in the first 5 Years of their opening. The main reason for their failure is no proper strategy planning before starting their business and no control over cost after starting a business. Today, I am going to elaborate on the topic ‘How to start […]...

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ICSI Advisory on Payment of Exam related Fee through Canara Bank Challan

ATTENTION STUDENTS ! DECEMBER, 2019 SESSION OF EXAMINATIONS LAST DATE FOR SUBMISSION OF REQUEST FOR CHANGE OF EXAMINATION CENTRE / COMBINATION OF MODULE(S)/ MEDIUM & PRECAUTION TO BE TAKEN WHILE REMITTING THE FEE THROUGH CANARA BANK CHALLAN Please note that the facility for submission of change of Examination Centre / Combination of M...

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Download NSDL e-TDS / TCS RPU / FUV applicable from 16.10.2019

A. Key Features and download links of e-TDS/TCS Return Preparation Utility (RPU) version 2.9 for Regular & Correction quarterly e-TDS/TCS statements from FY 2007-08 ♣ Addition of new columns under Annexure II for Form 24Q-Q4 with respect to Chapter VI-A deductions Newly added fields along with changes in existing fields are highligh...

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CBIC notifies Rate of Exchange of Foreign Currencies wef 18.10.2019

Notification No. 76/2019-Customs (N.T.) (17/10/2019)

Customs Rate of Exchange of Foreign Currency Conversion w.e.f. 18th October, 2019 notified vide Notification No. 76/2019–Customs (N.T.) dated 17thOctober, 2019. GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) ***** Notification No. 76/2019–Customs (N.T.) New Delhi, date...

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Join Online Income Tax Certification Course by TaxGuru Edu

TaxGuru Edu (an educational wing of Taxguru) brings you the best Online Income Tax Certification Course – Oct, 2019 Batch. Learn Income Tax in a Practical way and become an Expert in this field. Batch Starts on 13th Oct, 2019 (Sunday). The Online Income Tax Course covers detailed analysis of major aspects of Income Tax […]...

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