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Archive: 18 December 2020

Posts in 18 December 2020

Provisional Bilateral Safeguard measure on imports of Phthalic Anhydride- Reg.

December 18, 2020 387 Views 0 comment Print

Seeks to confirm the provisional Bilateral Safeguard measure on imports of Phthalic Anhydride originating in Korea RP under the India-Korea Comprehensive Economic Partnership Agreement, and to further amend notification no. 152/2009 dated 31.12.2009 to modify the rate of duty of customs on said imports, on recommendation of final findings of Directorate General of Trade Remedies […]

Resolution Professional or Committee of Creditors cannot reclassify status of a creditor from Financial to Operational Creditor

December 18, 2020 21201 Views 1 comment Print

Mr Rajnish Jain Vs Manoj Kumar Singh – I.R.P. (NCLAT, Delhi) Resolution Professional or Committee of Creditors cannot reclassify status of a creditor from Financial to Operational Creditor NCLAT held that during CIRP, the IRP is authorised to collate the claims, and based on that he is empowered to constitute the Committee of Creditors. We […]

GST: Value in respect of transfer to branches located outside state

December 18, 2020 2784 Views 0 comment Print

In re Thirumalai Chemicals Limited (GST AAR Tamil Nadu) Q. The value to be adopted in respect of transfer to branches located outside the state? Ans: The applicant can adopt any one of the following three methods provided under Rule 28 of the CGST/ TNGST Rules 2017 read with Section 15 of the CGST/TNGST Act […]

Letting out of compressors for pumping of water from borewells to agricultural field is not ‘Support Service for agriculture

December 18, 2020 909 Views 0 comment Print

 In re Vallalar Borewells (GST AAR Tamilnadu) Q1. Whether the following supply of services provided by the applicant are in relation to agricultural operations directly in connection with raising of agricultural produce i.Drilling of Borewells for supply of water for agricultural operations like cultivation including seeding, planting and ploughing. ii. Letting out of compressors for […]

Drilling of Borewells for supply of water in agricultural land is not ‘Support Service for agriculture

December 18, 2020 10497 Views 0 comment Print

In re Aravind Drillers (GST AAR Tamil Nadu) 1. Drilling of Borewells for supply of water in agricultural land is not ‘Support Service for agriculture classifiable under ‘SAC 9986’ for the reasons stated in para 8.3 above 2. Letting out of compressors for pumping of water from the borewells to the agricultural field is not […]

No Ruling by AAR on issue under investigation with DGGSTI

December 18, 2020 729 Views 0 comment Print

In re M/s Faiveley Transport Rail Technologies India Limited (GST AAR Tamil Nadu) DGGSTI has taken up investigations on the classifications adopted by the applicant on their supplies to Indian Railways and classified under CTH 8607. The subject goods are supplied to `Indian Railways’ and the applicant classify the same under CTH 8607. The application […]

Allocation of preferential export of sugar to USA under TRQ for year 2020-21

December 18, 2020 471 Views 0 comment Print

Public Notice No. 33 /2015-2020 – The quantity of raw sugar 8424 MTRV (Eight Thousand Four Hundred and Twenty Four Metric Ton Raw Value) to be exported to USA under TRQ upto 30.09.2021 is notified. Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade Udyog Bhawan Public Notice […]

Advance ruling cannot be given on admissibility of ITC on procedural issue

December 18, 2020 837 Views 0 comment Print

In re Sumeru Infra Solution (GST AAR Madhya Pradesh) This Authority is of the view that based on the detailed reading and understanding of Section 97 of the CGST Act, an application for Advance Ruling can only be made to determine the ‘admissibility of input tax credit (ITC)‘ on any goods or services or both. […]

GST on supplies on contracts : No ruling as copy of contracts not furnished

December 18, 2020 714 Views 0 comment Print

In re Madhya Pradesh Power Generating Company Limited (GST AAR Madhya Pradesh) In respect of first question, regarding classification of supply in Entry No. 6 of Schedule II to the GST Act we are unable to answer the question on account of insufficient information provided by the applicant. Further in respect of first question, regarding […]

Consideration of Provision for bad & doubtful debts as operating expenses in computation of PLI

December 18, 2020 1521 Views 0 comment Print

ADP Private Ltd. Vs CIT (ITAT Hyderabad) With regard to the working capital adjustment, it is the case of the assessee that the provision of bad and doubtful debts should be considered as operating expenses while computing the PLI. He submitted that the transactions can be considered as a comparable only after making adjustments to eliminate […]

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