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ITC eligible on receipt of direct services from same line of business

Case Law Details

TaxGuru Citation
2022 taxguru.in 3988
Case Name
Varunbhai Satyendrakumar Panchal (Legal name), Varun Travels (Trade Name) (GST AAR Gujarat)
Date of Judgement/Order
Only available for paid members
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In re M/s. Varunbhai Satyendrakumar Panchal (Legal name), Varun Travels (Trade Name) (GST AAR Gujarat)

Q1. Whether the A.C. car hiring services for Covid-19 third wave, for Emergency and for other important matter received by the Local Authority, Ahmedabad Municipal corporation as stated in the work order No. 445/1 dated 01-11-21 falls under Sr. No. 6 (Public Health) of Twelfth schedule of article 243W of the constitution?

A1. Service of Renting of Motor Vehicle to the Ahmedabad Municipal Corporation (AMC) does not fall under Sr. no. 6 (Public Health) of Twelfth schedule of article 243W of the constitution

Q2. Whether Services provided to Ahmedabad Municipal Corporation vide their work order No.445/1 dated 01-11-21 falls under exempted category of services as stated in Sr. No. 3 of Notification No.12/2017 (Central Tax Rate) dated 28th June 2017, chapter 99 “Pure services (excluding works contract service or other composite supplies involving supply of any goods) provided to Government, a local authority or a Governmental authority by way of any activity in relation to any function entrusted to a Panchayat under Article 243G of the Constitution or to any function entrusted to a Municipality under Article 243W of the Constitution is exempted services?”

A2. The service of Renting of Motor Vehicle to the AMC does not cover under entry No. 3 of Notification No.12/2017 (Central Tax Rate) dated 28th June 2017

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