Sponsored
    Follow Us:

Supply of medicines, food, room on rent etc. to in-patients is a composite supply of healthcare service

April 24, 2021 3195 Views 0 comment Print

AAR held that, the supply of medicines, surgical items, implants, consumables and other allied services & items provided by the hospital through their hospital in-house pharmacy, as well as food, room on rent, other services to the in-patients admitted to hospital for diagnosis, or medical treatment or procedures is part of composite supply of health care treatment service and is exempted

Supply of license of pre-developed or pre-designed software amounts to supply of goods covered under heading 8523

April 23, 2021 1908 Views 0 comment Print

The AAR, Karnataka in the matter of M/S. SPSS South Asia Pvt. Ltd., [Advance Ruling No. KAR/ADRG/15 of 2021, dated March 24, 2021] held that, supply of license of pre-developed or pre-designed software by assessee amounts to supply of goods and said supply is covered under tariff heading 8523. Further, such supply of computer softwares […]

Allowed use of Form-C to purchase Petroleum, Natural Gas & Liquor products post GST

April 23, 2021 7404 Views 2 comments Print

Supreme Court declined to interfere in Revenue’s Special Leave Petitions, for use of ‘C’ Forms of the Central Sales Tax Act, 1956 (CST Act) post GST in respect of purchase of six commodities (petroleum crude, diesel, petrol, aviation turbine fuel, natural gas and liquor) for use in the course of inter- state trade or commerce by the Assessee.

Power of provisional attachment under GST is draconian in nature: SC

April 20, 2021 25653 Views 0 comment Print

Radha Krishan Industries Vs State of Himachal Pradesh (Supreme Court) SC explains law for provisional attachment of Bank Account under GST This Appeal was filed against the judgment and order of the Hon’ble Himachal Pradesh High Court (HP HC) wherein, the Court dismissed the writ petition challenging orders of provisional attachment on the ground that […]

Gift vouchers are neither goods nor services, but instruments used as consideration for payment – Controversy Saga Continues

April 20, 2021 3321 Views 0 comment Print

The AAAR, Tamil Nadu in the matter of Kalyan Jewellers India Ltd. [Order-in-Appeal No. AAAR/11/2021 (AR), dated March 30, 2021] modified the order passed by the AAR, Tamil Nadu to the extent that vouchers are neither good nor service and the Central Goods and Services Tax Act, 2017 (CGST Act), recognized it as an instrument […]

TDS cannot be recovered from Assessee for non-deposit by deductor

April 16, 2021 5511 Views 1 comment Print

Recovery can only be made against deductor who is the assessee in default, to the extent tax was deducted by the deductor and not remitted to the Income-tax Department. To the extent tax was deducted by the second respondent and not remitted by the second respondent to the Income Tax Department, recovery can be only directed against the second respondent as the second respondent is the assessee in default. The petitioner cannot be made to pay tax twice. Recovery of any of such Tax Deducted at Source but not remitted by the second respondent has to be recovered only from the second respondent .

ITC not available on promotional items distributed FOC to their distributors/franchisees

April 15, 2021 3855 Views 0 comment Print

The Hon’ble AAR, Karnataka in Re: M/s Page Industries Limited [Advance Ruling No. KAR ADRG 54/2020 dated December 15, 2020] held that assessee is in essence not eligible to claim input tax credit (ITC) on promotional products/materials and marketing items used in promotion of their brand and marketing their products which is distributed to their […]

Benefit of conditional exemption Notification cannot be denied on pretext of unconditionally exempted

April 14, 2021 3090 Views 0 comment Print

The Hon’ble Tripura High Court in Union of India v. M/S. Dharampal Satyapal Ltd. [Central Excise Appeal No.01/2019 and Central Excise Appeal No.02/2019, dated March 22, 2021] upheld the judgment passed by the CESTAT, Kolkata allowing the assesse to avail the benefit of notification granting conditional exemption from the of the duties of excise/ other […]

A literal formalistic interpretation of statute is to be avoided in interpreting beneficial exemptions

April 13, 2021 4449 Views 0 comment Print

The Hon’ble Supreme Court of India in Government of Kerala & Anr. v. Mother Superior Adoration Convent [Civil Appeal No. 202 of 2012 and others, decided on March 1, 2021] upheld the judgments passed by the Hon’ble Kerala High Court allowing the exemption of tax on buildings used as residential quarters for nuns, priests or […]

Hypothetical question’ which has not yet materialized, outside the purview of Advance Ruling

April 10, 2021 867 Views 0 comment Print

The Hon’ble AAR Gujarat in M/s. Shree Arbuda Transport (Advance Ruling No.: GUJ/GAAR/R/82/2020 decided on September 17, 2020) has held that the provisions for seeking advance ruling is limited to the activities conducted by M/s. Shree Arbuda Transport (Applicant) and cannot be sought for the agreement or matters which have not materialized till date.  The […]

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031