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GST not leviable on amount collected from employees for canteen charges – Dramatic Interpretation of with colon (:) and semi colon (;)

September 1, 2021 3246 Views 0 comment Print

GST not leviable on amount collected from employees for canteen charges – Dramatic Interpretation of with colon (:) and semi colon (;) The Authority for Advance Ruling (AAR), Gujarat vide Ruling no. GUJ/GAAR/R/39/2021 dated July 30, 2021 held that, no GST is leviable on amount representing the employees portion of canteen charges, which is collected […]

Transitional Credit allowed on ground of technical glitch in GSTN

August 31, 2021 1539 Views 0 comment Print

Activities of GST are technology driven where the taxpayer has to go through various instructions to migrate, especially in the initial stage. Therefore, it becomes improbable to expect the transition to be smooth as claimed by the Revenue.

Supreme Court modifies High Court’s Order by granting appropriate authority to issue fresh SCN

August 31, 2021 2592 Views 0 comment Print

State of Jharkhand & Ors. Vs Bihar Sponge Iron Ltd. (Supreme Court) Current appeal has been filed against the Order SLP(C)No. 14956 of 2020 dated October 23, 2019 by the Hon’ble Jharkhand HIgh Court (Jharkhand HC) which quashed the Show Cause Notice (SCN) on the grounds of it violating Section 70(5)(b)  of  Jharkhand Value Added […]

DRI officers cannot issue show cause notices under Section 28(4) of Customs Act, 1962: SC

August 31, 2021 7566 Views 0 comment Print

Commissioner of Customs Vs Agarwal Metals And Alloys (Supreme Court) The present appeal has been filed by Commissioner of Customs, Kandla (Appellant) against the Order in Customs Appeal No. 11756 of 2019 dated February 13, 2020 by the Hon’ble CESTAT, Ahmedabad  which held that demands confirmed by the Appellant, confiscation of goods and penalties imposed […]

Subsidy paid by Government is deductible for arriving at taxable value for chargeability of GST

August 28, 2021 19851 Views 1 comment Print

The Applicant has sought clarification on the amount of subsidy to be reduced for arriving at taxable value of the solar system from the price declared by the Nodal Agency and whether the Goods and Services Tax (GST) liability would be on the taxable value calculated after subtracting the subsidy amount from the system price.

Delhi HC permits Salary payment from provisionally attached bank accounts

August 28, 2021 2172 Views 0 comment Print

SPNN Business Services Pvt. Ltd. Vs Commissioner of Central Tax (GST) (Delhi High Court) Hon’ble Delhi High Court directed the Revenue to permit the petitioner company to collect a sum of Rs. 2 crores from bank accounts provisionally attached by the GST Dept, to pay salaries of employees. Facts: The Commissioner of Central Tax (GST), […]

Hiring of Non AC Buses to Company for Transport of Staff is taxable under “Rent-a-cab” Service

August 27, 2021 3864 Views 0 comment Print

Applicant has sought a clarification on Goods and Services Tax (GST) applicability on the contract of supplying Non- Air Conditioned (Non-AC) Buses  and whether exemption is available for stated service under SI No. 15 Heading 9964 of Notification No. 12/2017 – Central Tax (Rate) dated June 28, 2017 (Services Exemption Notification) is applicable in the case.

Order passed by the Commissioner cannot be set aside merely it was time barred

August 27, 2021 2322 Views 1 comment Print

Online Cargo Vs Commissioner of Customs (CESTAT Delhi) CESTAT upheld validity of Order passed after 90 days under regulation 17(7) of CBLR, 2018 In the case of M/S Online Cargo v. Commissioner of Customs [CUSTOMS APPEAL NO. 51120 OF 2020], the Hon’ble Customs, Excise & Service Tax Appellate Tribunal (the CESTAT) passed an interim order […]

HC allow reopening in the case related to accommodation entries

August 27, 2021 2751 Views 0 comment Print

Geetaben Dineshchandra Gupta Vs ITO (Gujarat High Court) Geetaben Dinesh chandra Gupta (Petitioner) has filed the current petition challenging the notice dated March 23, 2019 which proposed the reopening of assessment of the Petitioner under Section 148 of the Income Tax Act, 1961 (the IT Act). The Petitioner contended that even after the petitioner disclosed […]

No GST on Hostel Rent of less than Rs. 1000 per day per Student

August 27, 2021 19611 Views 0 comment Print

The applicant is providing hostel on the rent to various students where fees charged per student per day per room is much less than Rs. 1000/- per day per person. Therefore, considering the provisions of notification Entry No. 14, and clarification given by CBIC in circular No. 32/06/2018-GST dated 12th February 2018, it is held that, the applicant’s activity is satisfying the conditions of Entry Sr.no. 14 of said Notification and hence would be exempt from taxes.

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