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SC allows service of notices via WhatsApp/Telegram in addition to email

June 11, 2021 63996 Views 4 comments Print

SC allowed service of notices/summons/ document via WhatsApp, Telegram in addition to e-mail The Hon’ble Supreme Court in Re: Cognizance for Extension of Limitation [Suo Moto W.P. (C) No. 3/2020 dated on July 10, 2020] w.r.t. I.A. No. 48461/2020 observed that service of notices, summons and exchange of pleadings/documents, is a requirement of virtually every […]

No relation between Section 8 of FEMA & Section 16 of IGST Act for realization of foreign exchange for export of goods

June 9, 2021 3189 Views 0 comment Print

nothing has been shown to the Court by the Revenue Department which would connect the provisions of Section 8 of the Foreign Exchange Management Act, 1999 (FEMA) with Section 16 of the Integrated Goods and Services Tax Act, 2017 (IGST Act). Further, held that the matter requires further examination and listed the matter on August 25, 2021.

Parallel proceedings cannot be initiated by State GST authorities on same subject matter

June 8, 2021 9423 Views 1 comment Print

The Hon’ble Calcutta High Court in Raj Metal Industries & Anr. v. UOI & Ors. [W. P. A. 1629 of 2021, dated March 24, 2021] stayed the summons issued and proceedings initiated thereunder against assessee by the State GST Authorities since the proceedings were already pending on same subject matter under Central Goods and Services […]

No service tax can be levied on food served as ‘take away’ or ‘parcels’

June 7, 2021 5988 Views 0 comment Print

Madras High Court held that provision of food and drink to be taken-away in parcels by restaurant tantamount to the sale of food and drink and thus, shall not attract service tax under the Finance Act.

GST payable on Notice Pay by an employee to Employer

June 7, 2021 7488 Views 0 comment Print

AAR held that, GST is applicable on payment of notice pay by an employee to employer in lieu of notice period and telephone charges, Group Medical Insurance Policy (Policy) recovered from employees and free of cost canteen facility provided to employees. Further, Input Tax Credit (ITC) is not available with respect to canteen services provided by the employer to their employees.

Reversal formula of ITC on exempted supplies applicable to ‘common input tax’ credit

June 4, 2021 6621 Views 0 comment Print

Nothing in the CCR prohibits an assessee from following Rule 6(2) of the CCR in respect of the inputs and input services where it is feasible to maintain separate records and follow Rule 6(3A) of the CCR in case of such inputs or input services where it is not feasible to do so.

Horse race clubs liable to pay GST only on commission & not bet amount

June 2, 2021 10449 Views 0 comment Print

Bangalore Turf Club Limited and ors. Vs. State of Karnataka (Karnataka High Court) Horse race clubs liable to pay GST only on commission and not entire bet amount; Rule 31A(3) of CGST Rules ultra vires The Hon’ble Karnataka High Court (HC) in Bangalore Turf Club Limited and ors. v. Union of India [WP No. 11168/2018 and WP […]

Order dismissing appeal without assigning necessary reasons not sustainable and is cryptic in nature

June 1, 2021 2055 Views 0 comment Print

Pankaj Sharma Vs Union of India (Patna High Court) The Hon’ble Patna High Court in Pankaj Sharma vs. UOI & Ors. [Civil Writ Jurisdiction Case No. 7431 dated June 01, 2021] set aside the order dismissing the appeal of the assessee passed by the Revenue Department, on the ground that the same is cryptic in […]

GST Saga on Health Care Services – Mixed supply

May 28, 2021 5727 Views 1 comment Print

Introduction Good health and good sense are two of life’s greatest blessings. The Indian Healthcare Industry is the largest producer for generics and now among of the major sectors with respect to revenue and to employment. The Pharma and Healthcare Industry has grown significantly and enjoys an important position in the global pharmaceuticals and medical […]

GST on Sale of developed plots without receiving any advance from customers

May 28, 2021 13368 Views 0 comment Print

In re Dharmic Living Private Limited (GST AAR Kerala) Sale of developed plots without receiving any advance from their customers for undertaking development activities is neither a supply of goods nor a supply of service The Kerala Authority of Advance Ruling (Kerala, AAR) in the matter of M/s Dharmic Living Private Limited [Advance Ruling No. […]

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