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Archive: 31 January 2022

Posts in 31 January 2022

Bad Debts allowable if written off in books of account despite non-reply by such debtor to Section 133(6) notice

January 31, 2022 1533 Views 0 comment Print

GBT India Pvt. Ltd. Vs National E–Assessment Centre (ITAT Delhi) During the course of scrutiny assessment proceedings, the Assessing Officer noticed that the bad debts are related to very brand conscious entities, which by no stretch of imagination can be made as bad debts. The Assessing Officer further observed that the assessee has not furnished […]

Income Tax Assessment cannot be transferred merely for pendency of case other agency in other state

January 31, 2022 3147 Views 0 comment Print

Divesh Prakashchand Jain Vs PCIT (Bombay High Court) We have perused the notice as well as the order passed by Respondent No.1 and in our view, there is no case made out for transferring Petitioner’s case to Bengaluru. Under Section 127(2) of the Act, where the Assessing Officer or Assessing Officers from whom the case […]

GST on supply of RO Plant/system to Indian Navy/Coast Guard

January 31, 2022 6894 Views 0 comment Print

In re Rochem Separation Systems India Private Limited (GST AAR Maharashtra) Question 1: What is applicable rate of GST on supply of Reverse Osmosis Plant/system (RO Plant/system) to Indian Navy/lndian Coast Guard in normal course? Answer: – In view of the discussions made above, the applicable rate of GST is 18%. Question 2: What is […]

GST AAR Maharashtra allows Rotary Club of Nagpur to withdraw application

January 31, 2022 1143 Views 0 comment Print

In re Rotary Club of Nagpur (GST AAR Maharashtra) The present application has been filed under section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “the CGST Act and MGST Act” respectively] by M/s. Rotary Club of Nagpur, The applicant, seeking […]

GST exempt on supply of pure services for implementation of Integrated Strom Water Drain to a Local Authority

January 31, 2022 2157 Views 0 comment Print

The Pure Services provided by the applicant by way of rendering Consulting Services for Programme Management and Accompanying Measures for implementation of Integrated Strom Water Drain for M1 & M2 Components of Kovalam Basin in the extended area of Greater Chennai Corporation, supplied to the Superintending Engineer, Strom Water Drain Department, Greater Chennai Corporation, Chennai vide the contract dated 03rd December 2020 are covered under S.No.3 of the Notification No.12/2017-Central Tax (Rate) dated 28.06.2017 and SGST Sl.No.3 of the No.II(2)/CTR/532(d-15)/2017 dated 29.06.2017 and exempted from payment of GST.

GST payable on renting of Property to Firm by its partner even without consideration

January 31, 2022 10863 Views 0 comment Print

In re Shanmuga Durai (GST AAR Tamilnadu) Section 15(1) stipulates the transaction value as the value to be adopted in cases where the supplier and recipient are not related. In the present situation, the applicant and the firm are related persons. Therefore, the value to be adopted is to be arrived at following the Valuation Rules […]

GST payable on membership/ subscription fee received from members of a club

January 31, 2022 53421 Views 0 comment Print

AAR held that, club of membership association and its members are distinct persons and the membership/ subscription fee, and annual fee, received from its members are consideration for supply of goods/services as a separate entity covered by the scope of the term ‘business’ and, thus, principle of mutuality is not applicable. Hence, GST would be payable on amounts received from club members.

Tariff Notification No. 06/2022-Customs (N.T.), Dated: 31.01.2022

January 31, 2022 2445 Views 0 comment Print

Notification No. 06/2022-Customs (N.T.), Dated: 31.01.2022 – Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver  MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) New Delhi, the 31st January, 2022 Notification No. 06/2022-Customs (N.T.) S.O. 404(E).—In exercise of the powers conferred by sub-section (2) of […]

No GST on Supply of desalinated water for distribution as safe drinking water to public

January 31, 2022 2535 Views 0 comment Print

In re Chennai Water Desalination Limited (GST AAR Tamilnadu) 1. Supply of desalinated water by the applicant to CMWSSB for distribution as safe drinking water to public falls under the entry at SI.No.99 of notification No. 2/2017-Central Tax (Rate), dated 28-6-2017 and attracts ‘NIL’ rate of GST. 2. Transaction of supply of safe drinking water […]

Advance ruling cannot be extended for supply already taken place

January 31, 2022 2187 Views 0 comment Print

In re Rotary District 3231 (GST AAR Tamilnadu) To sum up, the membership fees collected by the applicant from their Members is subject to tax as per Section 7 (1) (aa) of the GST Act as the activities rendered by the applicant to their Members is a supply to its constituents/members and they have to […]

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