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No GST on Hostel Rent of less than Rs. 1000 per day per Student

August 27, 2021 19290 Views 0 comment Print

The applicant is providing hostel on the rent to various students where fees charged per student per day per room is much less than Rs. 1000/- per day per person. Therefore, considering the provisions of notification Entry No. 14, and clarification given by CBIC in circular No. 32/06/2018-GST dated 12th February 2018, it is held that, the applicant’s activity is satisfying the conditions of Entry Sr.no. 14 of said Notification and hence would be exempt from taxes.

‘Other Services’ not part of Composite supply with Main Construction Service, chargeable to GST @ 18%

August 27, 2021 10125 Views 0 comment Print

Other Charges are different from the service of construction of residential flats. It cannot be said to be naturally bundled and supplied in conjunction with each other. The amount and consideration is separately for different services. Therefore, the Other Charges are not covered under Composite Supply of Services

Legal opinions from Special Auditor can be sought by AO u/s 142(2A)

August 27, 2021 1041 Views 0 comment Print

The Petitioner contended some of the directions issued by the Respondent are bad in law because the Respondent has delegated upon a special auditor the work which he himself was required to do thereby is in the nature of investigation. Such directions cannot be segregated from the other directions and therefore submitted that the entire order containing the directions be quashed and set aside.

ITC can be claimed even in Mismatch of 2A & 2B provided Purchasing Dealer has taken all steps diligently

August 27, 2021 7623 Views 0 comment Print

Revenue is precluded from invoking section 9(2) (g) of the DVAT Act  to deny ITC to a purchasing dealer who has bona fidely entered into a purchase transaction with a registered selling dealer who had issued a tax invoice reflecting the Taxpayer Identification Number

Secured Creditor haves priority in charge over dues of Income Tax Department

August 26, 2021 1650 Views 0 comment Print

The Petitioner is an assignee of right, title and interest of the credit facilities to Borrower which is now in liquidation and the Petitioner has a secured and a prior charge over the attached properties of the Borrower. The Petitioner, due to the prior charge, has been aggrieved by the order of the Respondent which is seeking Income Tax dues from the Borrower.

Refund allowed of Unutilized Education Cess, which couldn’t be transitioned into GST

August 26, 2021 4839 Views 0 comment Print

Appellant contended that accumulated credits of Cesses were not transitioned into GST regime due to specific restriction under Section 140(1) of CGST Act. Appellant therefore had to resort to the option of refund under existing law to avoid lapsing of credit.

Karnataka HC: Wipro gets supplementary 3% interest on deferred tax refund

August 25, 2021 2376 Views 0 comment Print

Wipro Limited Vs JCIT (Karnataka High Court) Karnataka High Court allowed the additional 3% interest on the delayed Income Tax Refund to Wipro ( Petitioner) from the Deputy Commissioner of Income Tax (DCIT) (Respondent). The Petitioner approached the Writ Court to challenge the order in which the Respondent, DCIT, denied additional 3 percent interest on […]

ITC not available on Canteen Services provided to Employees

August 25, 2021 7842 Views 0 comment Print

Tata Motors Ltd has sought a clarification whether ITC will be available on GST charged by service provider on canteen facility provided to employees working in factory and whether the same would be restricted to extent of cost borne by the Applicant. Along with that it has also been sought if GST is to be applicable on Nominal amount received by Applicant for usage of the canteen facility by the employees.

Liaison Office not liable to pay GST on Services Rendered by Head Office

August 25, 2021 2865 Views 1 comment Print

In The World Economic Forum, India Liaison Office, [GST-ARA- 11/2019-20/B-50 dated August 20, 2021], the World Economic Forum, India Liaison Office (the Applicant) has sought clarification on whether the activities carried out by the Applicant’s Head Office (HO) located outside India would amount to Supply under Section 7 of the Central Goods and Services Tax […]

GST applicable on R&D Activities on Goods made available by Foreign entities

August 25, 2021 10320 Views 0 comment Print

In M/s. Hilti Manufacturing India Pvt. Ltd. [ADVANCE RULING NO. GUJ/GAAR/R/26/2021 dated July 09, 2021], M/s. Hilti Manufacturing India Pvt. Ltd ( Applicant) has sought a clarification on the liability to pay Goods and Services Tax (GST) on Research and Development (R&D) Sciences on goods physically made available by foreign entities. The Hon’ble Gujarat Authority […]

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