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Hypothetical question’ which has not yet materialized, outside the purview of Advance Ruling

April 10, 2021 1287 Views 0 comment Print

The Hon’ble AAR Gujarat in M/s. Shree Arbuda Transport (Advance Ruling No.: GUJ/GAAR/R/82/2020 decided on September 17, 2020) has held that the provisions for seeking advance ruling is limited to the activities conducted by M/s. Shree Arbuda Transport (Applicant) and cannot be sought for the agreement or matters which have not materialized till date.  The […]

Not providing an opportunity of being heard before passing an order is violative of principle of natural justice

April 9, 2021 12462 Views 0 comment Print

The Hon’ble Jammu & Kashmir High Court in Navneet R. Jhanwar v. State Tax Officer and Ors. [WP (C) No. 443/2021, dated March 17, 2021] quashed the refund rejection order passed by the Revenue Authority rejecting the claim for refund without giving an opportunity of being heard and remanded back the matter for passing an […]

HC Allowed refund of IGST along with interest on export made during July -September, 2017 period

April 8, 2021 5634 Views 0 comment Print

The Hon’ble Delhi High Court in TMA International Pvt. Ltd. & Ors. v. Union of India & Anr. [W.P.(C) 2694/2019 & CM No. 26556/2020, dated March 26, 2021] directed to Revenue Authorities to grant refund claim of Integrated Goods and Services Tax (IGST) to the assessee by April 26, 2021 along with interest @ 7% […]

GST @ 5% not applicable for facilities provided in self-owned marriage & party halls

April 7, 2021 32583 Views 0 comment Print

The AAR, Haryana in the matter of M/S. Jewel Classic Hotels Pvt. Ltd. [Advance Ruling No. HAR/HAAR/R/2019-20/23, decided on June 25, 2020] held that the facilities for food catering, banquet etc. provided in self-owned marriage and party halls by separate entities under common ownership is not covered under ‘outdoor catering’ as per Notification No. 11/2017 […]

No Additions merely based on information available in Form 26AS

April 7, 2021 7749 Views 0 comment Print

ITAT held that the Assessing Officer cannot make additions merely by relying on information available in TDS Certificate i.e. Form 26AS on account of mismatch of amounts between Form 26AS and the turnover shown by the assessee in its P&L account.

No GST to be paid during Search & Seizure unless accepted as GST liability

April 7, 2021 19059 Views 0 comment Print

The Hon’ble Madras High Court in Shri Nandhi Dhall Mills India Pvt. Ltd. v. Senior Intelligence Officer, DGGST & Ors. [W.P. No. 5192 of 2020 and WMP. No. 6135 of 2020] directed the Revenue Department to refund the amount of INR 2 crore collected from the assessee during the investigation. Held that, merely because the […]

Earthwork for mining development taxable @5%, constitutes ‘composite supply of works contract’

April 7, 2021 6291 Views 0 comment Print

Whether the services provided by the Applicant will be taxable @5% GST under the benefit of Serial No. 3(vii) of the Services Rate Notification as amended by NN 31/2017- CTR.

Automatic vacation of stay order after expiry of 365 days is not permissible

April 6, 2021 5901 Views 0 comment Print

DCIT Vs Pepsi Foods Ltd. (Supreme Court of India) FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER The Hon’ble Supreme Court in DCIT v. Pepsi Foods Ltd. [Civil Appeal Nos. 1106 to 1139 of 2021 decided on April 6, 2021] has upheld the Hon’ble Delhi High Court’s verdict of partially striking down third proviso to Section […]

Rejected application seeking amendments in Writ Petition introducing entirely different cause of action

April 5, 2021 5097 Views 0 comment Print

The Hon’ble Sikkim High Court in Sun Pharma Laboratories Ltd. v. UOI & Ors. [I.A. No.03 of 2020 in WP(C) No.47 of 2018 (dated November 2, 2020)] rejected the application filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) seeking to insert amendments in the Writ […]

Making bullet proof body building on motor vehicles is a ‘service’ & taxable @18%

April 4, 2021 2175 Views 0 comment Print

The Hon’ble AAR Rajasthan in M/s. Jeet & Jeet Glass and Chemicals Private Limited [Advance Ruling No. RAJ/AAR/2020-21/08 decided on August 24, 2020] held that the activity of job work consisting of bullet proof body building on the motor vehicles provided by the Principal is a supply of service and attracts GST @18% (9% CGST +9% […]

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