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Separate GST registration not required for selling goods directly from port of import before clearing it for home consumption

November 17, 2021 3606 Views 0 comment Print

Maharashtra Authority for Advance Ruling (MAAR) held that in a case where imported goods are sold and delivered directly from Container Freight Station (CFS) / Direct Port Delivery (DPD) to a state different from the state where assessee is registered, the assessee need not take a separate registration in that state.

Pass Reasoned order against accused taxpayer involved in passing on fake ITC: HC

November 17, 2021 1353 Views 0 comment Print

HC held that in a case where assessee is accused of passing on fake Input Tax Credit (ITC) without actual moment of goods, a reasoned order must be passed by Joint Commissioner of State Tax, after acknowledging all the relevant material and contentions that the assessee may produce to satisfy the authorities.

CESTAT Quashed Service tax demand on movie exhibitor under BSS category

November 17, 2021 1629 Views 0 comment Print

Hyderabad CESTAT held that service of providing exhibition of movies by the exhibitor to the producers/distributors of such movies is not a support or assistance activity but is an activity on its own accord, therefore does not fall under the category of Business Support Service (BSS) as per Section 73(1A) of the Finance Act, 1994 (the Finance Act).

Mere failure to pay Excise Duty not sufficient to attract extended Period of Limitation: CESTAT

November 16, 2021 1872 Views 0 comment Print

CESTAT Delhi held that mere failure to pay Excise Duty, not due to fraud or wilful misstatement is not sufficient to attract the extended period of limitation and the Central Excise Officer should have issued notice within one year from the relevant date.

Deleted addition of value of goods deemed to be supplied in execution of works contract services in trading turnover

November 15, 2021 1389 Views 0 comment Print

Deify Infrastructures Limited Vs Commissioner of Central Tax, Central Excise & Customs (CESTAT Delhi) The Hon’ble Customs, Excise & Services Tax Appellate Tribunal, Delhi (“CESTAT”) in the matter of M/s. Deify Infrastructures Limited v. Commissioner of Central Tax, Central Excise & Customs [Final Order No. 51927/2021 dated October 27, 2021], held that the value of […]

Rental income from sub-lease shall be considered as Business Income since same was business of assessee

November 13, 2021 8745 Views 0 comment Print

Shanthilal Movji Bhai Thakker Vs ITO (ITAT Chennai) ITAT held that rental income from sub-lease shall be considered as business income as the assesee was engaged in business of real estate development and the property in question was sub-leased in furtherance of their business. Shri Shanthilal Movji Bhai Thakker (“the Appellant”) aggrieved by the order […]

ITC not available to Co-op Housing Society on works contract service by contractor for repairs, renovations & rehabilitation works

November 10, 2021 5919 Views 0 comment Print

In re Mahavir Nagar Shiv Srushti Co-operative Housing Society Limited (GST AAR Maharashtra) Where the contractor has provided works contract service for repairs, renovations & rehabilitation, ITC can’t be availed by Housing Society In M/s Mahavir Nagar Shiv Srushti Co-operative Housing Society Ltd. [GST-ARA-19/2021-22/B-94 dated November 10, 2021] Hon’ble Maharashtra Authority for Advance Ruling (MAAR) […]

SCN quashed by Bombay HC for allegedly availing inadmissible transitional credit as has been issued on an erroneous legal premise

November 8, 2021 5484 Views 0 comment Print

Godrej & Boyce Mfg. Co. Ltd. Vs Union of India and Ors. (Bombay High Court) SCN quashed by Bombay HC for allegedly availing inadmissible transitional credit as has been issued on an erroneous legal premise The Hon’ble Bombay High Court (Bombay HC) in the matter of Godrej & Boyce Mfg. Co. Ltd. v. Union of […]

GST not applicable on payment of notice pay and allowed ITC on canteen services

November 8, 2021 6204 Views 0 comment Print

AAAR reversed the ruling of AAR which held that GST is applicable on recovery of Notice pay from an employee by employer in lieu of notice period, Telephone charges, Group Medical Insurance Policy recovered from employees and providing Canteen facility to employees free of cost.

Separate registration not required for supply of works contract service in Karnataka

November 8, 2021 5052 Views 0 comment Print

AAR held that no separate registration is required for supply of works contract services in Karnataka by M/s L&T, Karnataka by the assessee registered at Noida, Uttar Pradesh as invoice can be raised by the assessee charging IGST from its registered office in Noida, Uttar Pradesh.

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