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Works Contract taxable at 12% with ITC for services provided by sub-contractor to contractor for NHAI

August 21, 2021 3519 Views 0 comment Print

Works Contract taxable at 12% with ITC for services provided by sub-contractor to contractor for NHAI In Building Roads Infrastructure & Construction Pvt. Limited. [AAR No. 07/ AP/GST/2021 dated January 18, 2021], Building Roads Infrastructure & Construction Pvt. Limited (Applicant) being a subcontractor sought a clarification on taxability of works contract services provided to contractor […]

Providing loans to borrowers by the bank does not amount to service

August 21, 2021 1479 Views 0 comment Print

This implies that services by way of loan do come within the purview of supply, however, that has been considered as an ‘exempted supply’ in the Service Exemption Notification.

SC dismissed SLP filed by department for being a “certificate cases” filed only to save ‘skin of defaulting officers

August 21, 2021 1716 Views 0 comment Print

SC dismissed SLP filed by the department for being a ‘certificate cases’ filed only to save the skin of defaulting officers In Re Union of India vs Vishnu Aroma Pouching (P.) Ltd. [SLP (Civil) DIARY NO(S). 1434/2021 decided on June 29, 2021] the Hon’ble Supreme Court dismissed the Special Leave Petition by looking to the […]

Telangana HC directed Customs Commissioner to amend BOE so as to enable importer to take refund of excess CVD paid

August 21, 2021 2616 Views 0 comment Print

In M/s. Sony India (P) Ltd. v. Union of India [Writ petition no. 4793 of 2021 dated August 12, 2021] the Hon’ble Telangana High Court directed the Custom Commissioner to amend the Bill of Entry (BOE) so as to enable the Importer to claim refund of excess Countervailing Duty (CVD) paid. Facts: M/s Sony India […]

What is recourse available to deal with Notices on Mismatch of GSTR-2A & GSTR-3B

August 20, 2021 42840 Views 0 comment Print

Since the Goods and Services Tax (GST) got introduced from July 2017, there has always been issues of specifically matching and reconciling of Input Tax Credit (ITC) claimed in self-declared tax summary return i.e GSTR-3B with the data under auto generated form GSTR-2A/ 2B. Conceptual Understanding- GSTR-3B is a consolidated form of monthly summary return […]

Stipends reimbursed by Trainer Companies doesn’t attract GST

August 20, 2021 5256 Views 0 comment Print

In re Yashaswi Academy For Skills (GST AAR Maharashtra) No GST on reimbursement received by applicant of stipend paid to trainees  M/s. Yashaswi Academy for Skills (the Applicant) has sought a clarification on the issue as to whether the reimbursement by the companies to the Appellant of the stipend paid to students attract Goods and […]

Whether ITC is not available to Sub Contractor on goods purchased on own account for Works Contract Services

August 19, 2021 8754 Views 0 comment Print

In M/s. Karthikeya Projects [AAR No.09/AP/GST/2021 dated January 19, 2021], M/s. Karthikeya Projects (Applicant) being a sub-contractor providing works contract service has sought an advance ruling on whether he can avail Input Tax Credit (ITC) on the purchases made on their own account, for furtherance of the business. The Hon’ble Andhra Pradesh Authority for Advance […]

HC lifts Provisional GST assessment as no Section 73 & 74 proceedings were pending

August 19, 2021 3213 Views 1 comment Print

Powers under Section 83 of the GST Act with regard to provisional attachment could be exercised only during pendency of proceedings either under sections 62 or Section 63 or Section 64 or Section 67 or Section 73 or Section 74.

Mere dispatch of order cannot be considered as service

August 18, 2021 4686 Views 0 comment Print

Mere dispatch of the order cannot be considered as service. The period of 2 months for filing the appeal has to reckon not from the date of order announced but from the date of receipt of said order by the assessee in terms of Section 35 of Central Excise Act, 1944.

Is Purified Drinking water supplied at affordable price taxable @ 18%

August 17, 2021 2778 Views 0 comment Print

Application for advance ruling was filed to determine whether supply of drinking water to general public in unpacked/unsealed manner through dispensers/mobile tankers by a charitable organization at a concessional value is covered under exemption of GST as per SI. No 99 of the Notification 02/2017-Central tax (Rate) dated June 28, 2017

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