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Service to AIIMS by way of Entrance examination is exempt from GST

May 2, 2022 1485 Views 0 comment Print

AAR held that no GST shall be levied on services provided to educational institution for conducting entrance examination.

Applicant is an intermediary if acts as a conduit between a Company & its customers

April 30, 2022 2139 Views 0 comment Print

AAR held that assessee providing marketing services to a foreign company and acting as a conduit between a foreign company and its Indian customers to be considered as intermediary.

HC Quashes non-speaking orders under GST in Form GST-DRC-07

April 19, 2022 5127 Views 0 comment Print

HC set aside the demand order passed in Form DRC-07 by the Revenue Department, on the grounds of non-speaking order. All the relevant aspects of the matter were not considered and were not reflected in order.

Actual Transaction value includes escalated value for GST payment

March 31, 2022 6294 Views 0 comment Print

CESTAT held that, escalated value received under a contract for service of construction of road during GST regime, shall be added to the original contract value and the actual transaction value should be considered for payment of tax.

Activities to be undertaken for GST Compliances of FY 2021-22 in March, 2022

March 28, 2022 5874 Views 0 comment Print

Ensure smooth GST compliance for FY 2021-22 with these important activities. Reconcile ITC, follow up with suppliers, and more for a seamless transition.

IGST not payable on residential dwelling rented for the purpose of hostel

February 16, 2022 19407 Views 1 comment Print

HC held that the service provided by the petitioner i.e., leasing out residential premises as hostel to students and working professionals is covered under Entry 13 of Notification No.9/2017 dated 28.09.2017 namely ‘Services by way of renting of residential dwelling for use as residence’ issued under the Act. The petitioner is held entitled to benefit of exemption notification.

Service Tax not Applicable on Notice Pay Recoveries made from employees

February 13, 2022 4125 Views 0 comment Print

CESTAT Held that, no service tax is payable on notice pay in lieu of sudden termination, as it does not give rise to the rendition of service either by the employer or the employee, and compensation for failure under a contract cannot be consideration for service. Further held that such contract cannot be termed as declared service.

ST not leviable on supply of gensets for short period as it amounts to deemed sales

February 12, 2022 4008 Views 0 comment Print

Subhash Light House Vs Commissioner, Central Goods & Service Tax (CESTAT Delhi) ST not leviable on supply of gensets for short period as it is amounts to deemed sales The CESTAT, New Delhi in M/S Subhash Light House v. Commissioner, Central Goods & Service [Service Tax Appeal No. 50176 of 2019 Tax, Audit-II dated February […]

GST registration cannot be suspended for more than 2 months on the basis of SCN lacking any reason or fact

February 9, 2022 2721 Views 0 comment Print

HC quashed ’SCN’ issued by Revenue Department suspending GST registration of the assessee and directed to reissue a fresh SCN with all the relevant facts and reasons within a week’s time regarding. Further, directed the Revenue Department to restore the assessee’s GST registration and issue a practice direction so that in future, if any SCN for cancellation of GST registration is issued, the same is not bereft of any material particulars or reasons.

Assessment order cannot be issued without giving an opportunity of being heard and is against the principles of natural justice

February 9, 2022 7920 Views 0 comment Print

HC held that the Revenue Department cannot issue assessment orders without giving the assessee an opportunity of being heard and is against the principles of natural justice. Further, remanded back the matter to be heard as a fresh case.

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