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Charitable institution, society or trust should ‘solely’ engage itself in educational activities and not in any activity of profit to enjoy tax exemption

October 27, 2022 6426 Views 0 comment Print

Understand the tax exemption criteria for charitable institutions engaging in educational activities. Learn the Supreme Court’s ruling and its impact.

Pure Agent not liable to pay GST on reimbursement of compensation paid to farmers & land owners

October 27, 2022 2850 Views 0 comment Print

AAR ruled that, if the assessee qualifies to be a pure agent then reimbursement of tree cut compensation paid to farmers and land owners during the course of execution of work is not chargeable to GST

Recovery under GST without issuance of SCN is not permissible

October 25, 2022 18114 Views 1 comment Print

Hence, recovery under GST may be initiated straightaway under sec 79 of the CGST Act (i.e. through various modes like detaining/selling goods belonging to defaulter which are under control of the department, garnishee proceedings, distaining and selling of movable or immovable property belonging to the defaulting person, etc.) without even resorting to issuance of SCN under sec 73 (Non-Fraud Cases) or sec 74 (Fraud Cases) of the CGST Act.

GTA service: GST payable on Value of free diesel filled by service recipient

October 21, 2022 1998 Views 0 comment Print

The value of free diesel filled by the service recipient in the vehicle(s) provided by the applicant will subject to the charge of GST by adding the free value of diesel to arrive at the transaction value of GTA service.

Annual operation & maintenance of compactor and hook loader for lifting & removal of garbage is a composite supply of goods & services

October 21, 2022 2364 Views 0 comment Print

AAR ruled that, supply of services to the Government or Government authority for annual operation and maintenance of capacity portable compactor and hook loader cannot be regarded as pure services and it is a composite supply of goods and services as it involves supply of goods like spare parts.

Shifting of electrical utilities cannot be regarded as road construction services

October 21, 2022 5256 Views 0 comment Print

In re Shree Powertech (GST AAR West Bengal) Sub-contractor would not be eligible for GST concession rate as main contractor on shifting of electrical utilities The West Bengal Authority of Advance Ruling (“the WBAAR”) in Re: M/s Shree Powertech [WBAAR 17 of 2022 dated October 21, 2022] ruled that the subcontractors are not eligible for […]

SC: Argument of promissory estoppel not valid in limiting erstwhile Area based exemption to upto 58% under GST

October 19, 2022 2106 Views 0 comment Print

SC held that Argument of promissory estoppel not valid in limiting erstwhile Area based exemption to upto 58% under GST

Hotel accommodation service used by employee is an eligible input service for availment of Credit

October 19, 2022 9054 Views 0 comment Print

CESTAT held that Hotel accommodation service received by appellant is an eligible input service under Rule 2(l) of CENVAT Credit Rules, 2004

No GST on recovery of Notice Pay, Bond Forfeiture, Canteen Charges, ID Cards Replacement

October 18, 2022 6486 Views 0 comment Print

AAR Haryana held that Recoveries On Account Of Notice Pay, Bond Forfeiture, Canteen Charges, ID Cards Replacement As Well As The Liquidated Damages & Forfeiture Of Earnest Money and Security Deposit Not Taxable Under GST. 

Refund of IGST allowed on exported goods after deduction of drawback duty

October 14, 2022 3762 Views 0 comment Print

Whether or not refund of IGST on exported goods will be allowed in the present petition after deduction of the drawback duty?

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