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Services received from overseas commission agent is not chargeable to GST under RCM as place of supply is outside India

August 12, 2021 22869 Views 0 comment Print

The Hon’ble Uttarakhand Authority for Advance Rulings (UAAR), in the matter of M/s. Midas Foods (P.) Ltd. [Application No. 05 of 2020-21 dated October 15, 2020], held that Overseas Commission Agent is covered within the definition of the term ‘intermediary’ under Section 2(13) of the Integrated Goods and Services Tax Act, 2017 (the IGST Act). […]

GST leviable on Private Coaching Institutes imparting education to CA, CS, CMA etc

August 12, 2021 4140 Views 0 comment Print

AAAR held that the private coaching institutions imparting education to students facilitating them to obtain qualification like CA,CS, CMA etc., are not covered under the definition of ‘educational institution’ in para 2(y) of the Services Exemption Notification No. 12/2017- Central Tax (Rate) dated June 28, 2017 and hence not eligible to exemption under CGST Act.

GST leviable on amount paid by members of RWA in excess of Rs 7500 Per Month

August 12, 2021 3012 Views 0 comment Print

The Hon’ble Madras High Court in Greenwood Owners Association v. Union of India [ W.P. Nos. 5518 and 1555 of 2020 dated July 01, 2021] held that contribution by the members of the Resident Welfare Association (RWA) only in excess of Rs. 7500/- per month per member would be taxable under the Goods and Services […]

SC won’t intervene in Amazon, Flipkart’s plea against CCI investigation

August 12, 2021 666 Views 0 comment Print

The Apex Court rejected a plea filed by e-commerce major Amazon and Flipkart (companies) to stall enquiry by the Competition Commission of India (CCI) for anti competition agreements, stating that, ‘as big e-commerce organizations, you should volunteer for anti-trust investigation but you are objecting’. Facts: Delhi Vyapar Mahasangh (“DVM”), an organization of retailers, submitted a […]

HC allows rebate on exports where fraudulent entry in Credit was regularized by subsequent payment

August 12, 2021 651 Views 0 comment Print

REIL Electricals India Ltd. Vs Joint Secretary and ors. (Madras High Court) Madras High Court allows rebate on exports where fraudulent entry in Credit was regularized by subsequent payment Madras High Court in held that, owing to the squaring up of liability by Assessee along with interest to regularize its mistake of fraudulent entry made […]

Construction of Institute outside India when Service Provider & Service Recipient in India

August 12, 2021 768 Views 0 comment Print

Construction of Institute outside India when Service Provider and Service Recipient in India In  M/s. Sri Avantika Contracts (I) Limited, [GST-AAR 05/2021 dated August 05, 2021],  M/s. Sri Avantika Contracts (I) Limited (Applicant) has sought an advance ruling on the issues of applicability of Goods and Services Tax (GST) on construction of Police Academy in […]

GST Applicable on Renting of Immoveable Property by Tamil Nadu Labour Welfare Board to Government

August 12, 2021 1263 Views 0 comment Print

GST Applicable on Renting of Immoveable Property by Tamil Nadu Labour Welfare Board to Government In M/s. Tamil Nadu Labour Welfare Board [TS-399-AAR(TN)-2021-GST dated June 18, 2021], M/s. Tamil Nadu Labour Welfare Board (Applicant) seek an advance ruling on applicability of Goods and Services Tax (GST) on registration of the Applicant and rental income received […]

Suppression of facts has to be “Wilful” for recovery of CENVAT Credit

August 11, 2021 8094 Views 0 comment Print

Emaar MGF Land Ltd. Vs Commissioner of Central Excise and CGST (CESTAT Delhi) M/s. Emaar MGF Land Ltd. (Appellant) has filed the current appeal for quashing Order-In-Original No. DLI-SVTAX-001-COM-054-16-17 dated March 31, 2017 (OIO) which confirmed recovery of Central Value Added Tax Credit “CENVAT Credit) along with interest and penalty under Section 73(1) of the […]

Enquiries by Central Authority under GST cannot be restricted due to pendency of proceedings before State Authority

August 11, 2021 798 Views 0 comment Print

Hon’ble High Court of Madras noted that it needs to be established that subject matter is one and the same and that mere pendency of proceedings before the State authorities is not a ground to restrain the Central authorities from issuing summons and conduct investigation regarding certain allegations.

Payments for computer software sold/licenced on a CD/other physical media cannot be classed as a royalty

August 11, 2021 1260 Views 0 comment Print

World Courier (India) Pvt. Ltd. Vs ACIT (ITAT Bangalore) M/s. World Courier (India) Pvt. Ltd. (Appellant) has filed an appeal against order dated April 24, 2017 of Commissioner of Income Tax (Appeals) (CIT(A)) on the issue whether Revenue authorities were justified in disallowing sum paid by the Appellant as software maintenance charges to its overseas […]

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