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Three-wheeled motor vehicle fitted with battery pack, classifiable under HSN 8703, otherwise under HSN 8706

October 15, 2020 1281 Views 0 comment Print

The Hon’ble AAR, West Bengal in Re: M/s Hooghly Motors Pvt. Ltd. [Order Number 06/WBAAR/2020-21 dated August 10, 2020] held that a three-wheeled electrically operated vehicle/rickshaw is classifiable under HSN 8703 (Motor Vehicles for carrying less than 10 passengers) as an electrically operated vehicle, provided it is fitted with the battery pack. Otherwise, it will […]

Prize money received from horse-race clubs not liable to GST

October 9, 2020 4443 Views 0 comment Print

The Hon’ble AAAR, Maharashtra in Re: Vijay Baburao Shirke [Order No. MAH/AAAR/RS-SK/23/2020-21 dated June 4, 2020] set aside AAR order to hold that receipt of prize money from horse-race clubs (in the event horse wins the race) would not be subject to GST. Facts: M/s. Vijay Baburao Shirke (“Respondent”) is a proprietorship firm and owns […]

Membership subscriptions & Admission fees paid to club not liable to GST

October 9, 2020 11403 Views 1 comment Print

The Hon’ble AAAR, Maharashtra in Re: Rotary Club of Mumbai Nariman Point [Order No. MAH/AAAR/SS-RJ/20/2019-20 dated December 11, 2019] held that where membership subscription and admission fees received from the members of the club and was utilized solely towards meetings and administrative expenditure and not for providing any specific facility or benefits to its members […]

GST not leviable on TCS collected under Income Tax Act, 1961

October 7, 2020 21357 Views 6 comments Print

For the purpose of determination of value of supply under GST, TCS under the provisions of the Income Tax Act, 1961 would not be includible as it is an interim levy not having the character of tax.

Service Tax liability of Demerged Undertakings cannot be fastened on assessee upon merger

October 7, 2020 2595 Views 0 comment Print

CESTAT Delhi held that, the assessee could not be held to be liable for discharging service tax liability of the Demerged Undertakings as it the service recipient and not service provider therefore, the confirmation of demand by the Commissioner is bad in law.

No ITC credit available on lift installation charges

October 7, 2020 6774 Views 0 comment Print

The Hon’ble AAAR, Maharashtra in Re: M/s Las Palmas Co-operative Housing Society [Order No. MAH/AAAR/RS-SK/24/2020-21 dated July 20, 2020] held that the input tax credit (ITC) in respect of GST paid on lift installation charges paid to lift contractor shall not be available in terms of Section 16(2)(b) read with Section 17(5)(c) and 17(5)(d) of […]

How to do Compliance of GST ITC in GSTR 3B of Sep 2020

October 5, 2020 7647 Views 0 comment Print

Below Video by CA Bimal Jain explains How to do Compliance of GST ITC as per GSTR 2A – GSTR 2B – Rule 36(4) in GSTR 3B of September, 2020. GSTR 2A is a purchase-related tax return that is automatically generated for each business by the GST portal. GSTR-2B is a new static month-wise auto-drafted […]

GST implementation being a “change in law” qualify as a force majeure event

September 29, 2020 11904 Views 0 comment Print

The Hon’ble Delhi High Court in National Highways Authority of India v. Sahakar Global Ltd. [O.M.P. (COMM) No. 486 of 2020 decided on September 29, 2020], dismissed the petition and refused to interfere with the arbitral award passed by the Arbitrator to pay the compensation for loss generated in revenue triggered by the reduced toll […]

Whether Recovery of Expenses by Employers chargeable to GST – Divergent Advance Rulings

September 25, 2020 4557 Views 0 comment Print

The Hon’ble AAR, Maharashtra in Re: Tata Motors Limited [GST-ARA-23/2019-20/B-46 dated August 25, 2020] held that w.e.f. February 1, 2019 input tax credit (“ITC”) shall be available to employer (Tata Motors) on GST charged by service provider on hiring of bus/motor vehicle having seating capacity of more than 13 persons for transportation of employees to and […]

Videos on Goods Transport Agency services under GST

September 25, 2020 4449 Views 0 comment Print

Multiple videos by CA Bimal Jain on ‘Goods Transport Agency (GTA)’ services under the GST law and its various nuances 1. Who will Pay GST on Goods Transport Agency (GTA) under RCM 2. When GTA need to take registration and What GST rates can be opted by GTA 3. GST Compliances on GTA Services under […]

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