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Archive: November, 2019

Posts in November, 2019

GST – Inspection, search and seizure-Power of Police authorities

November 25, 2019 2976 Views 0 comment Print

We are of the view that if the authorities under the AGST Act of the State of Assam are of the view that the appellants are required to be proceeded with or prosecuted under the AGST Act, it would be appropriate to invoke the provisions of section 67 of the AGST Act and proceed accordingly.

Starting today – Online Workshop on GST Audit & Reconciliation Statement

November 25, 2019 235431 Views 31 comments Print

We are happy to announce One Day GST workshop for effective GST Audits and Annual Returns. The workshop would cover clause wise clause detailed Analysis for Form GSTR 9, GSTR 9C along with GST Audit tool for GST Health Check-up.

HC ask govt to provide status on Constitution of GSTAT & Benches

November 25, 2019 1554 Views 0 comment Print

On 02.05.2019, this Court directed that the respondents shall not, without prior intimation to this Court, proceed to appoint persons to the GST Appellate Tribunal till the next date. The interim order was made absolute till the disposal of the writ petition on 26.07.2019.

Mixed Supply of duty credit scrip with other Services attracts 18% GST

November 25, 2019 2838 Views 0 comment Print

The applicant supplies consultancy services to the clients relating to the Customs/DGFT/other statutory requirements for import of goods. by advising, updating on the incentives available, facilitating for the same, documents preparation related to duty payments, tracking of the goods, etc .

Paper based gift vouchers classifiable under CTH 4911

November 25, 2019 4641 Views 0 comment Print

In the case of paper based gift vouchers classifiable under CTH 4911 the applicable rate is 6% CGST as per Sl.No. 132 of Schedule II of the Notification No. 1/2017-C.T.(Rate) dated 28.06.2017 and 6% SGST as per Sl.No. 132 of Schedule II of Notification Ms. No. II(2)/CTR/532(d-4)/2017 vide G.O. (Ms) No. 62 dated 29.06.2017 as amended.

No ITC on construction of an immovable property on own account

November 25, 2019 5986 Views 0 comment Print

In Sree Varalakshmi Mahaal LLP (GST AAR Tamil Nadu) Section 17(5) (d) provides that no ITC is available in respect of any goods or services received by a taxable person for construction of an immovable property on his own account even if such inputs and input services are used in the course and furtherance of […]

GST Tax liability on medicines supplied to in-patients through pharmacy

November 25, 2019 6645 Views 0 comment Print

In re CMC Vellore Association (GST AAR Tamil Nadu) 1. Tax liability on medicines supplied to in-patients through pharmacy Medicines, drugs, stents, consumables and implants used in the course of providing health care services to in-patients admitted to the hospital for diagnosis, or medical treatment or procedures is a composite supply of In Patient Healthcare […]

GST on construction of building for Govt entity for accommodating SMEs & Startups

November 25, 2019 2193 Views 0 comment Print

In re KPC Projects Limited (GST AAR Andhra Padesh) Applicability of GST Rate for construction of Millennium tower at Madhurawada, Visakhapatnam for information Technology and Communication Department, Government of Andhra Pradesh and through Nodal Agency APIIC. Clarification is requested for the applicable Rate of GST under works contract service? The activity of the applicant under […]

Service Tax not payable on Recovery of Salary Paid Earlier

November 25, 2019 2727 Views 0 comment Print

From the record, we note that the term of contract between the appellant and his employee are that employee shall be paid salary and the term of employment is a fixed term and if the employee leaves the job before the term is over then certain amount already paid as salary is recovered by the appellant from his employee. This part of the recovery is treated by Revenue as consideration for charging service tax.

HC on Continuation of proceedings against dead person in name of legal representative

November 25, 2019 3042 Views 0 comment Print

Assessments made in the name of dead person cannot be held to be non-est merely because the procedural requirements of taking on record the legal representative are not complied with. The Assessing Authority is not expected to have knowledge of the fact of the death of Assessee when he passed the orders and therefore, there is an obligation on the legal representative to bring such fact to the notice of the Assessing Authority.

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