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Annual operation & maintenance of compactor and hook loader for lifting & removal of garbage is a composite supply of goods & services

October 21, 2022 2091 Views 0 comment Print

AAR ruled that, supply of services to the Government or Government authority for annual operation and maintenance of capacity portable compactor and hook loader cannot be regarded as pure services and it is a composite supply of goods and services as it involves supply of goods like spare parts.

Shifting of electrical utilities cannot be regarded as road construction services

October 21, 2022 4308 Views 0 comment Print

In re Shree Powertech (GST AAR West Bengal) Sub-contractor would not be eligible for GST concession rate as main contractor on shifting of electrical utilities The West Bengal Authority of Advance Ruling (“the WBAAR”) in Re: M/s Shree Powertech [WBAAR 17 of 2022 dated October 21, 2022] ruled that the subcontractors are not eligible for […]

SC: Argument of promissory estoppel not valid in limiting erstwhile Area based exemption to upto 58% under GST

October 19, 2022 1887 Views 0 comment Print

SC held that Argument of promissory estoppel not valid in limiting erstwhile Area based exemption to upto 58% under GST

Hotel accommodation service used by employee is an eligible input service for availment of Credit

October 19, 2022 7335 Views 0 comment Print

CESTAT held that Hotel accommodation service received by appellant is an eligible input service under Rule 2(l) of CENVAT Credit Rules, 2004

No GST on recovery of Notice Pay, Bond Forfeiture, Canteen Charges, ID Cards Replacement

October 18, 2022 5538 Views 0 comment Print

AAR Haryana held that Recoveries On Account Of Notice Pay, Bond Forfeiture, Canteen Charges, ID Cards Replacement As Well As The Liquidated Damages & Forfeiture Of Earnest Money and Security Deposit Not Taxable Under GST. 

Refund of IGST allowed on exported goods after deduction of drawback duty

October 14, 2022 3348 Views 0 comment Print

Whether or not refund of IGST on exported goods will be allowed in the present petition after deduction of the drawback duty?

Parallel GST proceedings cannot be conducted by 3 wings of same department for same tax period

October 14, 2022 5862 Views 0 comment Print

Held that since the audit proceedings under Section 65 of the CGST Act was already commenced by the …., it is but appropriate that the proceedings should be taken to the logical end by the …., and the proceedings in

Reply to GST SCN to be considered even if sent by post & not through portal

October 14, 2022 2673 Views 0 comment Print

HC held that the filing of a reply to the show-cause notice in form GST-DRC-06 is not mandatory under Section 73(9), 74(9) and 76(3) of CGST Act and reply so filed through post shall also be treated as valid.

Tax concession disputes are not subject to arbitration: Supreme Court

October 6, 2022 3840 Views 0 comment Print

High Court dismissed the petition stating that the terms of e-auction provided that any dispute is arbitrable and the Appellant is virtually seeking the enforcement of a contract through a writ petition for raising a claim for refund.

SC: Liability to pay customs duty invocable when DEPB license is fake/forged

October 6, 2022 1314 Views 0 comment Print

SC directed adjudicating authority to complete penalty proceedings on remand, at the earliest preferably within a period of six months from the date of this judgment as the penalty proceedings were reported to be pending pursuant to the remand order passed by the CESTAT.

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