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Subsidized shared transport facility provided to employees in terms of employment contract is not chargeable to GST

May 22, 2021 2886 Views 1 comment Print

The AAR Uttar Pradesh, in the matter of North Shore Technologies (P.) Ltd. [Order No. 59 of 2020 June 29, 2020] has held that, arranging the transport facility for the employees by the company engaged in business of software development is not an activity which is incidental or ancillary to the activity of software development, […]

GST Saga on Health Care Services- Scope of composite supply of health care services

May 21, 2021 9741 Views 0 comment Print

Introduction Good health and good sense are two of life’s greatest blessings. The Indian Healthcare Industry is the largest producer for generics and now among of the major sectors with respect to revenue and to employment. The Pharma and Healthcare Industry has grown significantly and enjoys an important position in the global pharmaceuticals and medical […]

Interest to be demanded only on Net Tax liability in Form DRC-07 instead of DRC-01

May 21, 2021 5466 Views 0 comment Print

The Hon’ble Gujarat High Court in M/S. Rajkamal Builder Infrastructure Private Limited v. Union of India [R/Special Civil Application No. 21534 of 2019, dated March 23, 2021] quashed and set aside the order issued by the Revenue Department in Form GST DRC-01 for recovery of interest on delayed payment of tax on gross liability and […]

Why ITC not available on promotional products distributed FOC for sales promotion?

May 20, 2021 7344 Views 0 comment Print

The Hon’ble AAAR, Karnataka in Re: M/s Page Industries Limited [Order No. KAR/AAAR/05/2021, dated April 16, 2021] held that the promotional products/materials & marketing items which are distributed to their distributors/franchisee free of cost (FOC) by the assessee in promoting their brand & marketing their products can be considered as ‘inputs’ as defined in Section 2(59) of […]

GST leviable on reimbursed amount, being advance payment by recipient towards cost incurred for provision of software services

May 18, 2021 2334 Views 1 comment Print

GST leviable on reimbursed amount, being advance payment by recipient towards cost incurred for provision of software services The AAAR, Tamilnadu in the matter of M/S. ICU Medical India LLP [Order-in-Appeal No. AAAR/10/2021(AR), dated March 10, 2021] modified the ruling of AAR, Tamilnadu, to the extent that Goods and Services Tax (GST) is leviable on […]

GST authorities cannot embark upon process of assessment, in the guise of considering application for revocation of cancellation of registration

May 17, 2021 1374 Views 1 comment Print

GST authorities cannot embark upon the process of assessment, in guise of considering application for revocation of cancellation of GST registration The Hon’ble Madras High Court in Ramakrishnan Mahalingam vs. State Tax Officer & Anr. [W.P. No. 15081 of 2020 and WMP. Nos. 18799, 18801 & 18797 of 2020, dated April 30, 2021] directed the […]

Practicing advocates exempted from service tax/GST, should not have to face harassment from GST Department

May 15, 2021 13143 Views 0 comment Print

Practicing advocates exempted from service tax/GST, should not have to face harassment from GST Department The Hon’ble Orissa High Court in Devi Prasad Tripathy v. the Principal Commissioner CGST and Central Excise [W.P.(C) No. 27727 of 2020, dated April 22, 2021] quashed the notice demanding to pay service tax/GST issued to the advocates. Held that, […]

All supplies made in relation to distribution of electricity are not exempt under GST

May 14, 2021 2922 Views 0 comment Print

The AAAR, Tamil Nadu, in the matter of M/S Tamil Nadu Generation and Distribution Corporation Limited, [Order-in-Appeal No. TN/AAAR/12/2021 of dated March 30, 2021] has upheld the ruling of the AAR and held that GST is applicable on supply of operation and maintenance materials used in regular day-to-day functioning by one subsidiary company engaged in […]

GST not leviable on subscription/infrastructure development fee collected from members, unless amended provision is notified

May 12, 2021 2046 Views 0 comment Print

GST not leviable on subscription/infrastructure development fee collected from members, unless amended provision is notified The AAR, Karnataka in the matter of M/s. Bowring Institute [Order No. KAR ADRG 27/2021, dated April 22, 2021] held that, the members-club is not liable to pay Goods and Services Tax (“GST”) on subscription fees and infrastructure development fund […]

Whether nexus is required between ITC and Output tax liability

May 9, 2021 16878 Views 8 comments Print

Bullion trader cannot use the Input Tax Credit (ITC) balance available in the electronic credit ledger legitimately earned on the inputs/raw-materials/inward supplies meant for outward supply of Bullions, towards the GST liability on ‘Castor Oil Seed’ procured from agriculturists and subsequently meant for onward supply, as there is no nexus/connection between the inputs and final product since the inputs are not used or intended to be used in the course or furtherance of the business of supply of ‘Castor Oil Seeds’.

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