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Stevedoring, storing, packing goods imported temporarily before exporting amounts to ‘export of service’ post February 01, 2019

May 3, 2021 1857 Views 0 comment Print

The AAR, Gujrat in the matter of M/S Manoj Bhagwan Mansukhani (M/S. Rishi Shipping) [GUJ/GAAR/R/12/2021 dated January 27, 2021] ruled that services provided viz. stevedoring, transportation, storage, bagging, stuffing, and transportation of the goods which are temporarily imported into India before exporting shall not be considered as ‘Export of service’ upto January 31, 2019, but shall […]

SC extended limitation period w.r.t. filing of cases/appeals until further orders due to COVID-19 surge

May 1, 2021 5469 Views 0 comment Print

The Hon’ble Supreme Court of India in Re: Cognizance for extension of limitation [Miscellaneous Application No. 665/2021 in SMW(C) No. 3/2020, dated April 27, 2021] extended the limitation period for the filing of cases in Courts and Tribunals w.e.f. March 14, 2021 until further orders in view of the steep rise in COVID-19 cases due […]

SC: Power of provisional attachment under GST is draconian

April 29, 2021 9018 Views 1 comment Print

Held that, the power to order a provisional attachment of the property of the taxable person including a bank account is draconian in nature and the conditions which are prescribed by the statute for a valid exercise of the power must be strictly fulfilled.

No GST can be demanded from Buyer for fault of Seller of non-payment of taxes to Govt

April 28, 2021 51678 Views 2 comments Print

HC quashed the order passed by the officer levying the entire tax liability on the purchasing dealer without involving the seller, where the payment of tax has been made by the purchasing dealer, but the same has not been remitted to the Government by the Seller. Held that, the omission on the part of the Seller to remit the tax should have been viewed very seriously and strict action ought to have been initiated against the seller.

GST demand Order cannot be passed without providing hearing opportunity

April 28, 2021 3276 Views 0 comment Print

Ocean Sparkle Ltd. v. Assistant Commissioner (ST) (Andhra Pradesh High Court) Ocean Sparkle Ltd. (Appellant) has filed the current writ petition challenging the Assessment Order bearing Ref. No. ZD370321001535W dated March 17, 2021 on the grounds of non-compliance with provisions laid in Section 75(4) of the Central Goods and Services Act, 2017 (CGST Act). The […]

Repair services provided to fulfil warranty obligation involving supply of parts to be classified as composite supply of services

April 26, 2021 5421 Views 0 comment Print

The AAR, Uttar Pradesh in the matter of Premier Car Sales Ltd. [Order No. 29 dated 11, March, 2019] has held that, repair services carried out under an agreement, by the Assessee engaged in sale of motor vehicles parts and accessories, to fulfill the warranty obligation, which also involved supply of parts could be classified […]

Supply of medicines, food, room on rent etc. to in-patients is a composite supply of healthcare service

April 24, 2021 3771 Views 0 comment Print

AAR held that, the supply of medicines, surgical items, implants, consumables and other allied services & items provided by the hospital through their hospital in-house pharmacy, as well as food, room on rent, other services to the in-patients admitted to hospital for diagnosis, or medical treatment or procedures is part of composite supply of health care treatment service and is exempted

Supply of license of pre-developed or pre-designed software amounts to supply of goods covered under heading 8523

April 23, 2021 2577 Views 0 comment Print

The AAR, Karnataka in the matter of M/S. SPSS South Asia Pvt. Ltd., [Advance Ruling No. KAR/ADRG/15 of 2021, dated March 24, 2021] held that, supply of license of pre-developed or pre-designed software by assessee amounts to supply of goods and said supply is covered under tariff heading 8523. Further, such supply of computer softwares […]

Allowed use of Form-C to purchase Petroleum, Natural Gas & Liquor products post GST

April 23, 2021 9480 Views 2 comments Print

Supreme Court declined to interfere in Revenue’s Special Leave Petitions, for use of ‘C’ Forms of the Central Sales Tax Act, 1956 (CST Act) post GST in respect of purchase of six commodities (petroleum crude, diesel, petrol, aviation turbine fuel, natural gas and liquor) for use in the course of inter- state trade or commerce by the Assessee.

Power of provisional attachment under GST is draconian in nature: SC

April 20, 2021 27651 Views 0 comment Print

Radha Krishan Industries Vs State of Himachal Pradesh (Supreme Court) SC explains law for provisional attachment of Bank Account under GST This Appeal was filed against the judgment and order of the Hon’ble Himachal Pradesh High Court (HP HC) wherein, the Court dismissed the writ petition challenging orders of provisional attachment on the ground that […]

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