I. CX – Charges of availing excess Cenvat credit are unsustainable, where not backed by corroborative evidence – allegations of suppression of facts do not hold where assessee’s accounts were audited periodically: CESTAT – Demand in the absence of any corroborative evidence is nothing but based on presumptions and is not permissible under the law […]
The Hon’ble Appellate Authority, GST, Andhra Pradesh, in the case of Omsai Professional Detective & Security Services Pvt. Ltd. [Order No. 5132 of 2020 (dated, March 16, 2020)] held that best judgment assessment under Section 62(1) of Central Goods and Services Tax Act, 2017 (“CGST Act”) cannot be made in respect of non-filers of returns […]
In re Mohitkumar Mahendrabhai Patel (GST AAR Gujarat) We, therefore, find that the applicant has neither filed the application in the prescribed format of GST-ARA-01 nor paid the required fees of Rs.10,000/-as required as per the provisions of aforementioned Sections and Rules. Therefore, the instant application is liable for rejection under Section 98(2) of the […]
In re M/s. Khaitan Chemicals and Fertilizers Ltd. (GST AAR Gujarat) We, therefore, find that the applicant has not paid the fees of Rs.10,000/- under the proper head i.e. ‘CGST’ and ‘GGST’ as required under the provisions of aforementioned Sections and Rules where as paid fees of Rs. 10,000/- under “IGST” head. Therefore, the instant […]
In re Gujarat State Road Development Corporation ltd. (GST AAR Gujarat) Although the applicant has paid the required fees of Rs.10,000/- as required, they have not filed the application in the prescribed format of GST-ARA-01 required as per the provisions of aforementioned Sections and Rules. Therefore, the instant application is liable for rejection under Section […]
In re Ashokkumar Khimjibhai Patel (GST AAR Gujarat) Although the applicant has filed the application in the prescribed format of GST-ARA-01, they have not paid the required fees of Rs.10,000/- as required as per the provisions of aforementioned Sections and Rules. Therefore, the instant application is liable for rejection under Section 98(2) of the CGST […]
In re Abdulwahid Shamsudin Malik (GST AAR Gujarat) Although the applicant has filed the application in the prescribed format of GST-ARA-01, they have not paid the fees of 10,000/- as required under the provisions of aforementioned Sections and Rules. Therefore, the instant application is liable for rejection under Section 98(2) of the CGST Act, 2017 […]
Seeks to rescind notification No. 51/2015-Customs (ADD) dated 21st October, 2015, to revoke ADD imposed on All Fully drawn or Fully Oriented Yarn/ Spin Draw Yarn/ Flat yarn of polyester (non-textured and non-POY) originating in or exported from China PR and Thailand MINISTRY OF FINANCE (Department of Revenue) New Delhi, the 30th December, 2020 Notification […]
In re Ananta Synthetic Innovations (GST AAR Gujarat) The classification of the product manufactured and supplied by the applicant M/s. Ananta Synthetic Innovations, Survey No.345, Ananda Viramgam Medaadraj road, Manipur, Kadi, Mehsana-382728 (as per the First Schedule to the Customs Tariff Act, 1975(51 of 1975)) as well as the corresponding rate of GST (as per […]
Whether the supply of Occupational Health Check-up service (OHC) by the hospital i.e. nursing staff, Doctors, Paramedical staff on hospital’s payroll working in different corporate for providing health check-up service, ambulance facility, and allied medical services to their employees and also the camps conducted for health check-up outside the hospitals, to be treated as Health Care service and hence not taxable under CGST/SGST?