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Archive: 29 July 2022

Posts in 29 July 2022

Application not maintainable if question raised is already pending or decided: AAAR

July 29, 2022 732 Views 0 comment Print

In re Saisanket Enterprises (GST AAAR Madhya Pradesh) We find that the first proviso to section 98(2) of CGST Act, 2017 is very clear, that the authority shall not admit the application where the question raised in the application is already pending or decided in any proceedings in case of an applicant under any of […]

ITC not eligible on inward supply of motor vehicles used for demonstration

July 29, 2022 1221 Views 0 comment Print

Input tax credit not eligible on demo vehicles used for demonstration and for offering trial facility to customers

No GST on Service by service provider located in a non-taxable territory for Skill Development project of Govt

July 29, 2022 939 Views 0 comment Print

In re Directorate of Skill Development (DoSD) (GST AAAR Madhya Pradesh) The project for the Establishment of Center for Occupational Skills Acquisition within the Global Skills Park (hereinafter referred as GSP) in Bhopal, Madhya Pradesh was given to Directorate of Skill Development, Department of Technical Education, Skill Development & Employment (DoSD), Government of Madhya Pradesh. […]

No section 154 Rectification by AO in case of Debatable Issues

July 29, 2022 1185 Views 0 comment Print

Avisha Credit Capital Ltd. Vs ITO (ITAT Delhi) Undisputedly, the loss from sale of shares was debited to profit and loss account as trading loss. While completing the assessment under section 143(3) of the Act, the Assessing Officer obviously has accepted the claim. The Assessing Officer has initiated proceeding under section 154 of the Act […]

ITC not admissible on purchase of Lift for Hotel of Appellant

July 29, 2022 3327 Views 0 comment Print

In re Jabalpur Hotels Private Limited (GST AAAR Madhya Pradesh) Whether Input credit on Purchase of Lift would be available to Hotel as it has been used in the course or for the furtherance of business? As per the Section 17 (5) of CGST Act mentioned above, the Input tax credit shall not be available […]

Advance ruling is limited to applicant & the concerned or jurisdictional officer

July 29, 2022 483 Views 0 comment Print

In re Madhya Pradesh Power Generating Company Limited  (GST AAAR Madhya Pradesh) AAAR held that Ruling given in case of M/s Kalyan Toll Infrastructure Ltd by Authority of Advance Ruling cannot be treated as precedent for this case. According to sub section (1) of section 103 of CGST/MPGST Act, 2017 applicability of advance ruling is […]

ITAT disallows Golf Club membership fees partially

July 29, 2022 4212 Views 0 comment Print

Vipul Ltd. Vs ACIT (ITAT Delhi) it can be observed that as far as the subscription fee to Clubs is concerned the nature of business activity of the assessee company is such that for procurement of business the Managing Director may have to attend the clients and entertain them occasionally at clubs. However, the four […]

ITC not eligible on purchased for repair of building to the extent of capitalization 

July 29, 2022 41817 Views 1 comment Print

In re Jabalpur Entertainment Complexes Pvt. Ltd. (GST AAAR Madhya Pradesh) Q1. Whether ITC on GST paid on goods purchased for the purpose of maintenance such as vitrified tiles, marbles, granite, ACT sheets, steel plates, TMT TOR, bricks, cement, paint, chemicals sanitary items like wash basin urinal pots and toilet accessories can be claimed in […]

No ITC on goods purchased & capitalised for construction of Warehouse

July 29, 2022 29421 Views 0 comment Print

Whether ITC of GST paid on goods purchased for the purpose of construction & maintenance of Warehouse such as Vitrified Tiles, Marble, Granite, ACP Sheet, Steel Plates, TMT Tor(Saria), Bricks, Cement, Paint and other construction material can be claimed in full?

Fried Fryums classifiable under Tariff Item 2106 90 99

July 29, 2022 1833 Views 0 comment Print

Fried Fryums manufactured & supplied by Appellant is classifiable under Tariff Item 2106 90 99 of First Schedule to Customs Tariff Act, 1975.

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