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No Service Tax on sale of coaching material

May 24, 2023 1395 Views 0 comment Print

CESTAT held that amount collected by selling study material is not a taxable service, hence, no service tax leviable on sale of coaching material.

Trader of second-hand gold in form of lumps or irregular shapes cannot avail GST chargeability under margin scheme

May 23, 2023 1182 Views 0 comment Print

AAR ruled that purchasing second hand gold in form of jewellery / parts of jewellery, from unregistered individuals and selling to registered / unregistered dealers, after melting in form of lumps / irregular shapes of gold will not get benefit of chargeability of GST on the margin difference between the sale price and purchase price as stipulated in Rule 32(5) of CGST Rules 2017

Rent on Accommodation buildings located outside the boundaries of religious places are chargeable to GST

May 22, 2023 6774 Views 0 comment Print

AAR ruled that since assessee was providing accommodation to pilgrims outside boundary of temple and rooms rent charged was INR 1000 thus, exemption sought was not available.

No service tax leviable on user development fees collected by Airport authority, being a statutory levy 

May 22, 2023 1557 Views 0 comment Print

SC held that neither is there any compulsion to levy development fee nor is collection conditional upon its deposit in government treasury.

When there is no mens rea, no demand will sustain on ground of limitation

May 19, 2023 1038 Views 0 comment Print

CESTAT held that, there should be mens rea to evade payment of service tax for demand of service tax and penalty beyond period of limitation.

No Service Tax liability on liquidated damages

May 19, 2023 1179 Views 0 comment Print

Discover the CESTAT, Chennai ruling on Service Tax liability for liquidated damages. Explore the case of M/s. Bharat Heavy Electricals Limited and understand why recovery of damages is not considered a taxable service. Stay informed on GST implications with insights from circular no. 178/10/2022-GST.

HC directs AO to allow Cross Examination of witness without interfering or restricting

May 14, 2023 2442 Views 0 comment Print

HC directs AO to provide effective cross-examination opportunity in accordance with provisions of Indian Evidence Act, 1872 and permit petitioner to cross- examine without in any manner interfering or restricting.

No Service Tax liability when construction of flat is for personal use of service recipient

May 11, 2023 975 Views 0 comment Print

Projects executed prior to June 01, 2007, which were in the nature of composite works contract, could not be brought within the fold of commercial or industrial construction service or CC services and for the period post June 01, 2007, the liability to pay Service Tax could be fastened under CC services only if the activities were in the nature of service simpliciter.

Payment of High rental would not mean transfer of property is involved

May 7, 2023 1272 Views 0 comment Print

Explore the legal perspective on property transfer in a BOO contract. Learn how the Kerala High Court ruled on the taxation of fixed costs in the case of Prodair Air Products India Pvt. Ltd. v. State of Kerala, clarifying that payment of fixed costs does not necessarily imply a transfer of property.

ITC can be claimed during revocation of cancelled GST registration

May 4, 2023 13512 Views 1 comment Print

HC held that, cancellation of registration effected on ground of non-filing of GST return, could be revoked and assessee can claim ITC

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