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Traders of second-hand gold ornaments not eligible for GST margin scheme

July 13, 2023 4164 Views 0 comment Print

AAR ruled that value of gold will not diminish even if it is exchanged among 10 different users in a span of 2 years as a jewellery piece of 22 carats remains 22 carats even after changing hands.

Hostels and PG accommodation services attract @ 12% GST

July 13, 2023 31113 Views 0 comment Print

AAR ruled that hostel and PG accommodation cannot be considered equivalent to residential accommodation and thus such services are not eligible for exemption and accordingly are exigible to GST @12%.

Service of Charging of battery of Electrical Vehicle attracts 18% GST

July 13, 2023 6402 Views 0 comment Print

The activity of charging the battery of an Electrical Vehicle is treated as ‘supply of service’ and falls under SAC 998714. It attracts GST at a rate of 18% in terms of entry No.25(ii) of the Notification No.11/2017-Central Tax (Rate) dated 28.06.2017, as amended.

LCD panel components is to be classified separately from final article

July 13, 2023 1590 Views 0 comment Print

CESTAT, Bangalore ruling clarifies LCD panel classification. LCD Panels classified under tariff entry 9013 8010, while parts under 9013 9010.

R&D services provided to foreign company considered as export of service

July 12, 2023 3369 Views 0 comment Print

AAR held that, services provided by the assessee to entities located outside India is covered under section 13(2) of IGST Act, 2017. Accordingly, such services would qualify to be treated as export of service.

Reliance on a judgment later overturned does not constitute suppression of facts

July 11, 2023 2385 Views 0 comment Print

In the case of Commissioner, Central Excise and Customs and Another vs Reliance Industries Ltd., Supreme Court of India held that reliance on a judgment later overturned does not constitute suppression of facts.

Venture of Indian Railways is a deemed railway company- not exigible to service tax

July 10, 2023 1245 Views 0 comment Print

CESTAT Mumbai, in the case of Konkan Railway Corporation Limited v. Commissioner of Service Tax, ruled that the appellant, being a deemed railway company under the Indian Railways Act, is exempt from service tax liability. Gain insights into the ruling and its implications.

Bombay High Court Sets Time Limit for GST Tribunal Appeals

July 9, 2023 3525 Views 0 comment Print

Bombay High Court addressed the issue of the time limit for filing appeals to the tribunal. The court held that the appeal must be made within three months from the date of constitution of the Appellate Tribunal.

Bombay HC Allows Petitioner’s Advocate during GST Statement Recording

July 9, 2023 1398 Views 0 comment Print

HC addressed the issue of the petitioner’s advocate’s presence during the recording of the petitioner’s statement. The court concluded that while the petitioner’s advocate can be present, they must maintain a visible distance without being within audible range.

Rejection of Appeal is invalid if vehicle breaks down and new e-way bill prepared post interception

July 7, 2023 1479 Views 0 comment Print

HC set aside the order passed by the Appellate Authority and remanded back the matter to Appellate Authority to pass a fresh speaking order after giving petitioners an opportunity of being heard, as the assessee had duly prepared the e-way bill within 3 minutes of the interception of the vehicle.

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