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No ITC on temporary structure created for wedding & other banquet functions

February 16, 2021 14823 Views 0 comment Print

AAR, Haryana held that, temporary structure (i.e., hall or pandal or shamiana or any other place) built up with iron/steel pillars tight up with nuts and bolts specially created for functions would be treated as Immovable property.

Budget 2021: A new condition introduced to avail Input Tax Credit

February 16, 2021 29286 Views 3 comments Print

GST Charcha deciphers into recent changes in GST Laws made vide Clause No. 100 of the Finance Bill, 2021 with respect to the addition of a new condition for availment of Input Tax Credit

SC directed UOI to file affidavit regarding technical glitches faced in filing GST TRAN-01

February 15, 2021 2082 Views 0 comment Print

Union of India & Ors. Vs National Engineering Co. (Supreme Court of India) The Hon’ble Supreme Court of India in Union of India & Ors. v. M/s National Engineering Co. [Special Leave Petition (Civil) Diary No(s). 2701/2021, dated February 15, 2021] directed Union of India (the Petitioner) to file an affidavit within 4 weeks, answering […]

No TDS on sales commission paid to non-residents for services rendered outside India

February 15, 2021 58668 Views 1 comment Print

The Hon’ble ITAT, Jaipur in Modern Threads India Limited v. ACIT (Income Tax Appeal Nos. 198/JP/2019 and 199/JP/2019 decided on February 15, 2021) has held that payment of sales commission by the assessee to non-resident agents for the services rendered outside India will not fall in the category of the income received or deemed to […]

GST Charcha on Union Budget 2021: GST leviable on services provided by Club or Association to its members?

February 14, 2021 7929 Views 7 comments Print

GST Charcha on Union Budget 2021: GST leviable on services provided by Club or Association to its members? The Hon’ble Finance Minister, in Budget 2021-22, hailed as a ‘development-oriented’ and ‘visionary’ budget amid the pandemic-induced disruptions, inter alia, announced multiple changes to the Goods and Services Tax (GST) framework. The changes have been proposed vide […]

No ITC on canteen services & business promotion expenses incurred by company

February 9, 2021 28023 Views 1 comment Print

AAR held that Input Tax Credit (ITC) is not available with respect to canteen services provided by the employer to their employees and on business promotion expenses. Further, held that the distribution of food coupons among employees for part consideration will attract tax liability and the coupon value will form part of total taxable value of the service provider i.e., caterer.

Booking/selling plots during development of township amounts to ‘sale of land’; but services of development of land taxable @ 18%

February 9, 2021 6288 Views 0 comment Print

Booking/selling plots during development of township amounts to ‘sale of land’; but services of development of land taxable @ 18% The Hon’ble AAR Haryana in M/s. Informage Reality Private Limited [Advance Ruling No. HAR/HAAR/R/2018-19/15 dated October 5, 2018] has held that booking/ selling of plots to be done by the Applicant and the Landowners during […]

Notional interest earned on refundable security deposit is not ‘consideration’ for supply of renting services

February 6, 2021 3627 Views 0 comment Print

The Hon’ble AAAR Karnataka, in the matter of M/s. Midcon Polymers Pvt. Ltd. [Order No. KAR/AAAR/01/2020-21, dated January 11, 2021] held that the property tax paid to the Municipal Authority cannot be deducted from the monthly rental income for arriving at the value of supply of the renting service. However, the notional interest on the […]

Penal provisions of CGST Act prevails over Cr.PC for GST frauds

February 4, 2021 9471 Views 1 comment Print

The Hon’ble Bombay High Court in Tejas Pravin Dugad v. Union of India [Order No. Criminal Writ Petition No.1715 to 1718 of 2020, decided on January 15, 2021] dismissed the writ petition filed by Directors of M/s. Ganraj Ispat Private Limited (“Company”), challenging proceedings initiated by Department alleging fraudulent availment of input tax credit (“ITC”) […]

Key Highlights of Changes under GST – Union Budget 2021

February 2, 2021 32184 Views 0 comment Print

This document summarises the changes made/ proposed under the GST Law – Section wise in comparative manner for easy digest. GST Amendments carried out in the Finance Bill, 2021 will come into effect from the date when the same will be notified, as far as possible, concurrently with the corresponding amendments to the similar Acts […]

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