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Archive: 11 March 2020

Posts in 11 March 2020

Relevant date of which GSTR-2A is used to calculate Restriction on ITC of 10%

March 11, 2020 3435 Views 0 comment Print

Relevant date of which GSTR-2A is used to calculate Restriction on Input tax credit of 10% FORM GSTR-2A being a dynamic document, So the question arise here is that what would be the amount of input tax credit that is admissible to the taxpayers for a particular tax period in respect of invoices/debit notes whose […]

AAR Application not admissible if Applicant is not supplier

March 11, 2020 546 Views 0 comment Print

In re Futuredent (GST AAR Maharashtra) We find that the applicant has not undertaken the supply in the subject case, and is also not proposing to undertake the supply. We find that, the applicant is a recipient of services from a person situated abroad. The impugned transactions are not in relation to the supply of […]

No GST on Salary expenses accounted to meet Indian accounting requirements

March 11, 2020 1920 Views 1 comment Print

 Whether GST is applicable on the accounting entry made for the purpose of Indian accounting requirements in the books of accounts of Project Office for salary cost of Expat employees?

AAR application not admissible on separate invoice issue to each co-owners

March 11, 2020 660 Views 0 comment Print

In re Rishabh Chopda (GST AAR Maharashtra) The first question raised by the applicant is whether the co-operative society, in the present case has to issue four separate invoices to each of the four co-owners so that all of them can get proportionate input tax credit. We find that the said question is raised on […]

AAR should have decided the issue of Liability to pay GST under RCM: AAAR

March 11, 2020 1626 Views 0 comment Print

Advance Ruling on the questions related to the determination of the liability to pay tax including the liability under RCM (Reverse Charge Mechanism) can be sought by the Applicant in terms of the provisions related to the Advance Ruling as provided under Chapter XVII of the CGST Act, 2017.

NAA not interferes with Business decisions or Right to Trade

March 11, 2020 645 Views 0 comment Print

Deputy Commissioner of State Tax Vs Le Reve Pvt. Ltd. (National Anti-Profiteering Authority) The Respondent has also contended that right to trade was a fundamental right guaranteed under Article 19(1)(g) of the Constitution of India and the right to trade including the right to determine prices and such right which had been granted by the […]

GST on Popcorn manufactured by heating of raw corn/maize grains

March 11, 2020 1530 Views 0 comment Print

In re Jay Jalaram Enterprises (GST AAR Gujarat) The product namely ‘[J.J.’s] POP CORN’, manufactured from raw corn/maize grains, which, by heating turn into puffed corns/popcorns and then to make it palatable other ingredients like salt and turmeric powder along with oil are added to it fits the description as ‘Prepared foods obtained by the […]

NO ITC on project development services for immovable property construction

March 11, 2020 4734 Views 0 comment Print

The Input Tax Credit shall be NOT be available under the CGST Act, 2017, on the project development services like Programme management consultancy, Marketing Consultancy, Land levelling and other related works, Roads, Water, Electricity, & Drainage Infrastructure and other related works for development of SIPC i.e. construction of an immovable property

BOPP Laminated PP Woven Sacks falls under HS code 3923; Attracts 18% GST

March 11, 2020 9981 Views 0 comment Print

The product  BOPP (Biaxially Oriented Polypropylene Laminated PP Woven Sacks Polypropylene Woven and Non-Woven Bags and PP Woven and Non-Woven Bags laminated with BOPP would be classified as plastic bags under HS code 3923 and would attract 18% GST.

Power distribution companies eligible for deduction of efficiency gain amount set apart

March 11, 2020 1863 Views 0 comment Print

DCIT Vs TATA Power Delhi Distribution Ltd. (Delhi High Court) Assessee is under a statutory obligation to set apart 50% of the excess amount generated due to the overreaching of the targets, for the purpose of the consideration of the DERC to fix the future tariffs either  to give relief to the consumers or otherwise. […]

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