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Hiring of goods transportation vehicle by GTA is exempted from GST

January 2, 2023 33153 Views 0 comment Print

AAR ruled that no GST will be chargeable on the hiring of a transportation vehicle by a Goods Transportation Agency (GTA) and also has no liability under Reverse Charge Mechanism (RCM).

Concessional GST rate of 12% on composite supply of works contract to be applied prospectively

January 2, 2023 6555 Views 0 comment Print

AAR ruled that the Notification amending the tax rate from 18% to 12% on Composite Supply of Works Contract can only be applied prospectively, if an enactment does not expressly provides that it should be deemed to have come into effect form a past date.

Cancellation of GST Registration Without Specifying Reasons is against Principles of Natural Justice

January 2, 2023 660 Views 0 comment Print

HC held that SCN that does not contain reason to justify cancellation of registration therefore, is violative of principles of natural justice and needs to be quashed.

Dealer cannot be compelled to carry forward ITC to GST regime instead of refund

January 2, 2023 972 Views 0 comment Print

HC held that dealers cannot be compelled to carry forward ITC from extant regime to the Goods and Services Tax regime if the dealer chooses to avail refund instead.

Seller cannot be penalised for mentioning the quantity of goods in pieces instead of weight

January 2, 2023 960 Views 0 comment Print

HC held that mere selling of batteries by piece instead by weight does not make seller liable to be penalised under CGST Act, 2017

Directed to refund payment deposited during search proceedings without issuing acknowledgement being not voluntary

January 1, 2023 1299 Views 0 comment Print

HC held that the amount deposited during search proceedings without an acknowledgement of acceptance issued in Form GST DRC-04 as mandated under Rule 142 of CGST Rules is involuntary thus, directed to be refunded.

Refund claim should not be rejected due to deficiency of GST network/software

December 31, 2022 1371 Views 0 comment Print

HC held that the Assessees are not to be dragged to the Court when in fact there is nothing for the Court to adjudicate except pointing out to the limitation of the software of the Revenue Department, in a matter challenging the non-issuance of the refund. Further held that, refund claim should not be rejected due to the deficiency of GSTN and thus allowed the refund claim of IGST with interest at the rate of 6 percent.

GST @12% applicable on unbranded pre-packaged namkeens & salted/flavoured potato chips

December 30, 2022 5202 Views 0 comment Print

AAR held that, the supply of un-branded packaged namkeens and potato products such as chips/sev etc., according to pre-determined weights, will attract GST at 12%

Supply of Pencils Sharpener with Pencils is Mixed Supply

December 30, 2022 2259 Views 0 comment Print

Whether supply of Pencils Sharpener along with Pencils being the Principal supply will be considered as the Composite Supply or Mixed Supply.

Afforestation of plants by charitable trust is exempt from GST

December 30, 2022 1449 Views 0 comment Print

AAR held that activity of plantation is to be considered as charitable activity carried on by a Charitable Trust and is exempted from GST

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