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No advance ruling on eligibility of ITC w.r.t. promotional schemes due to Member’s divergent opinion

January 27, 2021 4086 Views 0 comment Print

The Hon’ble AAAR, Maharashtra in M/s. Sanofi India Ltd. (Order No. MAH/AAAR/SS-RJ/10/2019-20 dated October 22, 2019) has held that as per Section 101(3) of the Central Goods and Services Tax Act, 2017 (CGST Act) no advance ruling can be issued w.r.t eligibility of input tax credit (ITC) on the goods and services offered under various […]

Bombay HC: Stayed Service Tax demand notice issued to CA based on ITR

January 27, 2021 22665 Views 2 comments Print

Bombay High Court in Amrish Rameshchandra Shah v. the Union of India & stayed show cause-cum-demand notice issued to a CA in a Writ Petition challenging service tax demand based on ITR data and issued notice to the Revenue Department.

CGST+SGST would be levied on intermediary services provided to foreign principal

January 26, 2021 4479 Views 0 comment Print

The Hon’ble AAR Gujarat in the matter of M/s. Sagar Powertex Private Limited [Advance Ruling No. GUJ/GAAR/R/98/2020, dated October 14, 2020] held that, ‘Central Goods and Services Tax (CGST) + State Goods and Services Tax (SGST) would be applicable and not Integrated Goods and Services Tax (IGST), on intermediary services provided by an Indian agent […]

ITC availment right not ‘indefeasible’- Gujarat HC upheld DGGSTI’s action under Rule 86A

January 22, 2021 7395 Views 0 comment Print

Court held that it would be too much for this court at this stage to stall a legitimate investigation into the allegations of fraudulent transactions and permit the writ applicants to avail the ITC of a huge amount in exercise of its writ jurisdiction.

Valuation as per Rule 28 applies only where value for GST is not ascertainable

January 21, 2021 32313 Views 0 comment Print

The Hon’ble AAR Tamil Nadu in the matter of M/s Thirumalai Chemicals Ltd. [Order No. 41/AAR/2020 dated December 18, 2020] has held that in case of valuation of supply between distinct persons, any of the following three methods can be adopted as per Rule 28 of the CGST Rules, 2017 (“CGST Rules”): Open Market Value […]

Bombay HC stayed provisional attachment of bank accounts noting assessee’s cooperation

January 21, 2021 2655 Views 0 comment Print

The Hon’ble Bombay High Court in AJE India Private Limited v. Union of India and Ors. [Writ Petition (ST.) No. 97165 of 2020 decided on December 22, 2020] has stayed the order wherein assessee’s bank accounts were provisionally attached for recovering alleged tax dues, and held that, merely because there is a proceeding under Section […]

Gujarat HC grants regular bail to assessee arrested for offences punishable under Section 132(1)(a) of CGST Act

January 19, 2021 5238 Views 0 comment Print

The Hon’ble Gujarat High Court, in Idrish Yusufbhai Malvasi v. State of Gujarat and Ors. [R/Criminal Misc. Application No. 18320 of 2020 decided on December 10, 2020] grants regular bail to the Managing Director of M/s. Mishkat Agro Industries Pvt. Ltd., who was arrested mainly on the allegations of wrongfully availing tax exemption by mis-applying […]

GST would be levied on recovery of canteen services regardless of “profit-making” aspect

January 19, 2021 4188 Views 0 comment Print

The Hon’ble Gujarat AAR, in the matter of M/s Amneal Pharmaceuticals Pvt. Ltd. [Advance Ruling No. GUJ/GAAR/R/50/2020, dated July 30, 2020] held that GST would be levied on recovery of amount from employee on account of third party canteen services provided by a company to their employees which is obligatory under Factories Act 1948 (Factories […]

Extension of due date for filing TAR/ITR – HC declined to interfere

January 14, 2021 24912 Views 9 comments Print

High Court (HC) declined to interfere in the matter of extension of the due date for filing Tax Audit Report (TAR) and Income Tax Return (ITR) The Hon’ble Gujarat High Court in All Gujarat Federation of Tax Consultants v. Union of India [R/Special Civil Application No.  13653 and 660 of 2021, dated January 13, 2021] […]

No GST should be levied on notice pay received from employees in lieu of notice period

January 13, 2021 23541 Views 2 comments Print

The Hon’ble Gujarat AAR, in the matter of M/s Amneal Pharmaceuticals Pvt. Ltd. [Advance Ruling No. GUJ/GAAR/R/51/2020, dated July 30, 2020] recently held that GST at the rate of 18% is applicable on recovery of notice pay from the employees who leave the company without completing the notice period as per the appointment letter. Facts: […]

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