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GST on Transportation Service from Magdalla Port to its General Lighterage Area

July 30, 2020 699 Views 0 comment Print

In re Sagar Stevedores Pvt. Ltd. (GST AAR Gujarat) 1. The service of transportation of goods carried out by M/s.Shree Sagar Stevedoirs pvt.ltd. from Magdalla Port, Surat to its General Lighterage Area of Magdalla Port (from where the Mother Vessel are anchored) or vice versa, does not fall within the state of Gujarat and does […]

Supply of Supari, Lime & Tobacco in single pouch is composite supply

July 30, 2020 3132 Views 0 comment Print

In re Jainish Anantkumar Patel (GST AAR Gujarat) Question: The applicant wants to trade the below mentioned items:- 1. Supari in grated form of cut in different shape in a separate pouch packing. 2. Lime (Chuno) in a separate packing. 3. Tobacco (Chewing Tobacco) in a separate packing. All the above three items will be […]

GST on Various Types of Flour, Chutney powder & Gota Mix

July 30, 2020 18303 Views 0 comment Print

In re Dipakkumar Kantilal Chotai (Talod Gruh Udyog) (GST AAR Gujarat) (1) Khaman mix flour, Gota mix flour, Handwa mix flour, Dahi wada mix flour, Dalwada mix flour, Meduvada mix flour, Pudla mix flour, Moong bhajiya mix flour, Chorafali mix flour, Bhajiya mix flour, Dhokla mix flour, Idli mix flour and Dosa mix flour are […]

GST: ‘Seat adjuster’ cannot be termed as part of seat

July 30, 2020 2409 Views 0 comment Print

In re Shiroki Technico India Pvt. Ltd. (GST AAR Gujarat) We find that the ‘seat adjuster’ merely helps in the adjustment of the seat i.e. moving it back and forth as per requirement/convenience and merely improves the efficiency and convenience of the seat but does not form a part of the seat. Even while looking […]

GST on commission received for intermediary services’

July 30, 2020 9570 Views 0 comment Print

In re Dharmshil Agencies (GST AAR Gujarat) In this case, the moot point to be decided is as to whether the services provided by the applicant are liable to CGST and SGST or IGST? For this, we first need to know the nature of the transaction carried out by the applicant. As per the submission […]

Un-fried Fryums’ classifiable under Tariff head 2106 90 99

July 30, 2020 1047 Views 1 comment Print

In re Piyush Jayantilal Dobaria (Trade Name : Jay Khodiyar Agency) (GST AAR Gujarat) Q. Under which tariff Heading PAPAD of different shapes and sizes  manufactured/   supplied by the applicant would attract CGST and SGST? The product ‘Un-fried Fryums’ manufactured and supplied by applicant is classifiable under Tariff Item 2106 90 99 of the First […]

GST: HC Set Aside Order of Provisional Attachment of Bank A/c & Directs to De-freeze

July 27, 2020 2229 Views 0 comment Print

The HC held that the impugned provisional attachment of the Petitioner’s bank account was in vogue till 27.05.2020. The communication/order dated 28.05.2019 ceased to operate with the effect from 27.05.2020. Respondent Nos.1 and 2 were directed to de- freeze the Petitioners’ bank account.

CESTAT set aside demand on Mobilization advance which was not consistent with law

July 23, 2020 2469 Views 0 comment Print

Gammon India Ltd Vs CST (CESTAT Mumbai) The Mumbai CESTAT, in Gammon India Ltd Vs. CST held that demand on Mobilization advance is not consistent with law and deserves to be set aside. Proviso to Section 2(31) of the CGST Act 2017 provides that deposits shall not be considered as payment made unless the supplier applies […]

No ruling on classification of Flavoured Milk as same issue was pending with revenue

July 17, 2020 1290 Views 0 comment Print

In re Heritage foods limited (GST AAR Andhra Pradesh) What is the appropriate chapter under the customs Tariff Act, 1975 (51 of 1975) under which the product ‘Flavoured Milk’ can be classified as per the explanation (iv) of the Notification No.1/2017 – Central Tax (Rate) dated 28 June 2017? AAR held that it is a […]

AO cannot tax Capital gain of earlier year in subsequent Year

July 8, 2020 762 Views 0 comment Print

Where assessee had received entire consideration and possession of the property was also handed over in the assessment year 2004-05, he would be exigible towards capital gain tax only for the assessment year 2004-05 and not for the assessment year 2007-08 when proper sale deed was executed and registered. Just because capital gain accrued to assessee has escaped tax in assessment year 2004-05, the same cannot be brought to tax subsequently in assessment year 2007-08, therefore, AO was directed to delete the addition made.

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