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5% GST applicable on packed & branded Pushti: Karnataka AAR

October 29, 2021 5994 Views 0 comment Print

Karnataka AAR ruled that Pushti which is a powdered mixture of Ragi, Rice, Wheat, Green gram, Fried gram, Moong dal, and Soya in different proportions is classified under HSN code 1106. If unbranded it attracts Nil GST as per S. No. 78 of Notification No. 2/2017-Central Tax (Rate) dated June 28, 2017 and if branded and packed it attracts 5% GST as per S. No. 59 of Schedule I of Notification No. 1/2017-Central Taxes (Rate) dated June 28, 2017.

GST on job work services such as anodizing, plating, on goods/materials belonging to registered persons

October 29, 2021 8565 Views 0 comment Print

The Applicant has sought an advance ruling that as per entry number 26 of Service Rate Notification whether job work services of anodizing, plating on the materials sent by their customers i.e. registered persons, falls under item number (id) which attracts 12% tax rate or whether it falls under item number (iv) which attracts 18% tax rate.

GST: Rectification of Errors Permissible Only At Initial Stages- SC Dismisses Bharti Airtel’s Plea For Refund

October 29, 2021 34413 Views 2 comments Print

The brief facts of the case were that the Respondent was facing several problems while their filing of GSTR Form 3B due to the several glitches that were occurring in the Online GST Portal. Amidst these glitches, the Respondent filed their GST returns for the period of July, 2017 to September, 2017 with excess amount of ₹ 923 Crores and therefore, they have sought the refund accordingly.

Discretion lies with Confiscating Officer to either impose fine in lieu of confiscation or to order absolute confiscation

October 28, 2021 1581 Views 0 comment Print

Ferryman Trading Company Vs Commissioner of Customs (Appeals) (CESTAT Delhi) Absolute discretion of Customs Authority either to order absolute confiscation or impose fine in lieu of confiscation CESTAT Delhi held that the confiscating officer under section 125 of the Customs Act, 1962 has the absolute discretion to either impose fine in lieu of confiscation or […]

Bombay HC directs GST Authority to process Application for IGST Refund as no order was passed

October 27, 2021 1908 Views 0 comment Print

Evertime Overseas Private Limited Vs Union of India and ors. (Bombay High Court) Evertime Overseas Private Limited (Petitioner) filed petition claiming that he is entitled to refund under the provisions of Section 16 of the Integrated Goods and Services Tax Act, 2017 (IGST Act). Factually, the Petitioner claimed the refund under the provisions of Section […]

Summary Order in GST DRC-07 quashed by Patna HC for violating principles of natural justice

October 27, 2021 4764 Views 0 comment Print

K. R. Steel Traders Vs State of Bihar (Patna High Court) Summary Order in GST DRC-07 quashed by Patna High Court for violating the principles of natural justice M/s K.R. Steel Traders (Petitioner) filed petition being aggrieved against Order dated August 16, 2019 passed by  the Joint Commissioner of State Taxes, Patna South Circle and […]

ITC cannot be availed on second hand car if applicant opted for concessional rate

October 25, 2021 17529 Views 0 comment Print

In re Deccan Wheels (GST AAR Maharashtra) Maharashtra AAR rule that ITC can’t be claimed on indirect expenses when dealer is engaged in selling of second hand goods Maharashtra Authority for Advance Ruling (Mah AAR) ruled that Input Tax Credit cannot be claimed on Indirect Expenses like rent, commission, professional fees, telephone incurred for purpose […]

Demand cannot be confirmed by relying on third-party evidence not cross-examined

October 21, 2021 4002 Views 0 comment Print

CESTAT held that the department cannot confirm a demand solely on the basis of third-party evidence without any opportunity being afforded to the manufacturer to cross-examine such evidence.

Limitation period for granting refund not applicable to refund of Custom duty paid in excess

October 21, 2021 3864 Views 0 comment Print

CESTAT held that when the customs duty is paid in excess, the department is liable to refund the same and the limitation provided under Section 27 of the Customs Act, 1962 will not be applicable.

GST on manufacture & supply of Fortified Rice Kernels to TNCSC

October 21, 2021 6372 Views 0 comment Print

In re Rasi Nutri Foods (GST AAR Tamilnadu) Concessional GST rates not applicable to activity of manufacture and supply of fortified rice kernels till Sep 30, 2021 In Rasi Nutri Foods [Order No. 39 AAR/2021 dated October 21, 2021] Authority for Advance Ruling, Karnataka (KAAR) held that Notification No.39/2017 CT(R) dated 18.10.2017  (Concessional Rate Notification) […]

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