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Archive: 09 February 2023

Posts in 09 February 2023

GST on composite supply of services by way of milling of wheat into flour (atta) to Food & Supplies Department

February 9, 2023 1044 Views 0 comment Print

In re Jai Lokenath Flour Mills Private Limited (GST AAR West Bengal) What is the value of supply of services provided by the applicant for conversion of wheat provided by the State Government into atta/ fortified atta, for distribution by the State Government through Public Distribution System and what is the rate of tax applicable […]

GST on Gold saved during Job work for registered person

February 9, 2023 4959 Views 0 comment Print

In re Aabhushan Jewellers Pvt. Ltd (GST AAR West Bengal) The applicant submits that as a job worker he expects to receive an order for manufacture of gold ornaments from a registered person in the state of West Bengal (the principal). The business model, as illustrated by the applicant, is as follows: (i) The applicant […]

ITC reversal on sale of alcoholic liquor for human consumption

February 9, 2023 5454 Views 0 comment Print

Applicant is required to reverse input tax credit (ITC) in terms of sub-section (2) of section 17 of the GST Act read with Rule 42 of the GST Rules for sale of alcoholic liquor for human consumption.

PVC cushion mats falls under chapter 39 of GST tariff rates

February 9, 2023 1008 Views 0 comment Print

In re Oswal Poly Rubbers (GST AAR Haryana) Q1. To clarify as to whether PVC Cushion mats for motor vehicles (with no Textile material to be used in these) after cutting to size from rolls, to fit in vehicle floors as per the requirement of the buyers and packing shall fall under HSN Code 3918 […]

Summary of SCN in Form DRC-01 is not a substitute of SCN under Section 74(1)

February 9, 2023 3264 Views 0 comment Print

Sidhi Vinayak Enterprises Vs State of Jharkhand (Jharkhand high court) It appears that pursuant to the search conducted by the respondents in the premises of the petitioner-company under Section 67 of the JGST Act two summary of show cause notice in Form DRC-01 were issued, one for the period from 01.07.2017 to 13.8.2018 and another […]

Exemption Notification No. 30/2004-CE is not an absolute exemption

February 9, 2023 777 Views 0 comment Print

On the plain reading of Rule 11 (3) (i) (ii), it is clear that as per sub-clause (2), the credit shall be lapsed only if the exemption under the Notification is absolute that means in case of conditional Notification the provision of lapsing of credit will not apply.

Cenvat Credit balance will not lapse only if product is exempted conditionally

February 9, 2023 357 Views 0 comment Print

Wearit Global Ltd. Vs C.C.E. (CESTAT Delhi) In the present case the appellant has opted for exemption as per the Notification No. 30/2004-CE where the exemption is conditional. As per Rule 11 (3)(ii) CCR, Cenvat Credit balance will lapse only if the product is exempted absolutely under Section 5A of Central Excise Act. But since […]

Cenvat Credit lapse only if product is exempted absolutely under Section 5A of Central Excise Act

February 9, 2023 879 Views 0 comment Print

In the present case exemption is not absolute but conditional upon fulfillment of certain stipulations. Assessee entitled to benefit of Rule 11 (3)(i) of Cenvat Credit Rules of 2004.

Notification No. 30/2004-CE dated 09.07.2004 is a conditional notification

February 9, 2023 1479 Views 0 comment Print

Patodia Filaments Pvt Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) CESTAT find that notification No. 30/2004-CE dated 09.07.2004 is not an absolute notification but a conditional notification issued under section 5A. The notification has the condition of non availment of cenvat credit. The sub-rule (3) (i) and (ii) of Rule 11 of the […]

Exposure Draft on Guidance Note on Financial Statements of LLPs

February 9, 2023 14238 Views 0 comment Print

As per LLP Act 2008, accounts of Limited Liability Partnership shall be audited in accordance with Rules prescribed under LLP Rules 2009

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February 2023