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No ITC on distribution of sweets, dry fruits etc for business promotion

August 28, 2020 11112 Views 0 comment Print

In re Musashi Auto Parts Pvt. Ltd. (AAR GST Haryana) The purchase and distribution of sweets, dry fruits, coins or silver items for the purpose of business promotion cannot be termed as an activity carried out in the course or furtherance of business by any stretch of imagination. Section 17(5)(h) expressly bars input tax credit […]

GST Rate & Classification – Printing of content provided by customer on PVC banners

August 28, 2020 1332 Views 0 comment Print

In re Macro Media Digital Imaging Pvt. Ltd. (AAR GST Haryana) The transaction of printing of content provided by the customer, on Poly Vinyl Chloride (PVC) banners and supply of such printed trade advertisement material is a composite supply in which supply of printing service is the principal supply. The HSN classification of aforesaid supply […]

HC upheld validity of Seizure of cash by GST Authorities

August 26, 2020 2973 Views 0 comment Print

Kanishka Matta Vs Union of India (Madhya Pradesh High Court) The petitioner’s contention is that the word “money” is not included in Section 67(2) of the CGST Act, 2017 and therefore, once the “money” is not included under Section 67(2) of the CGST Act, 2017 the Investigating Agency / Department is not competent to seize […]

Impact on Valuation of used waste sand which is of the value ‘Nil

August 26, 2020 2271 Views 0 comment Print

In re Kolhapur Foundry and Engineering Cluster (GST AAR Maharashtra) The question raised by the applicant is ‘The used waste sand which is of the value NIL Refer separate Valuation Certificate by Engineer) will have any impact on Valuation?.’ The jurisdictional officer has submitted that, as regards the second question, value of inward supply does not have […]

Section 11 exemption for accumulation cannot be denied for non-filing of Form No. 10

August 24, 2020 3630 Views 0 comment Print

That non filing of the Form No. 10 within stipulated period may be an irregularity but not illegality, if the assessee cures the defect during assessment proceedings, the assessee is entitled to the benefit of accumulation as provided u/s 11(2) of the I.T. Act.

Order passed without granting Personal Hearing violates principles of natural justice

August 21, 2020 6933 Views 0 comment Print

Jansons Industries Limited Vs State Tax Officer (Madras High Court) High Court of Madras held that orders are contrary to law insofar as they are non-speaking and have been issued in violation of principles of natural justice, despite the specific request of the petitioner for personal hearing. High Court held that The impugned orders as […]

Consider Transitional Credit claim in Form GST Tran-1 afresh as per SOP: HC

August 20, 2020 825 Views 0 comment Print

High Court gave direction to the respondent to consider the case of the petitioner for carry forward of accumulated credit through the Form GST- Tran 1 afresh in the light of Standard Operating Procedure

Section 56(2)(viib) AO cannot change DCF method adopted by assessee

August 14, 2020 2913 Views 0 comment Print

I-Exceed Technology Solutions Pvt. Ltd. Vs ITO (ITAT Bangalore) The provisions of Rule 11UA(2)(b) of the Rules provides that, the Assessee can adopt the fair market value as per the above two methods and the choice of method is that of the Assessee. The Tribunal has followed the judgment of Hon’ble Bombay High Court rendered […]

ITAT deletes Addition for wrong entry of cash deposit in bank

August 10, 2020 1239 Views 0 comment Print

ACIT Vs Dr. Radhey Shyam Garg (ITAT Jaipur) During the course of assessment proceedings, the AO noted that the assessee has deposited cash of Rs. 2,90,000/- in the Central Bank of India whereas on the said date i.e. 16.11.2015 there was a negative cash balance in the cash book of Rs. 1,01,773.84. The AO accordingly […]

GST payable on service of supply of doctor, nursing staff, ambulances etc to corporate entity for medical care of their staff

July 30, 2020 5781 Views 0 comment Print

In re Sparsh OHC Manpower Service (GST AAR Gujarat) Question:   Specified services i.e. appointing Doctors, Nursing Staffs, and Ambulances and relating administrative services etc. covered under GST, whether it falls in the category of taxable or exempted services? Any services of diagnosis or treatment or care for illness, injury, deformity, abnormality or pregnancy in any […]

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