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AAR can reject an application if same issue already pending with it

July 8, 2020 1935 Views 0 comment Print

We find that as per applicant’s argument their application can be admitted in as much as no case is pending before Hon’ble Court in the name of the applicant on the issue in hand. In this context we find that applicant has been defined under Section 95(c) of the Act which means any person registered or desirous of obtaining registration under this Act.

Order passed without service of Notice of hearing- ITAT refereed matter back to CIT(A)

July 7, 2020 966 Views 0 comment Print

Jagannath Cement Works P.Ltd Vs ITO (ITAT Kolkata) In this case ld. CIT(A) has noted that appeal was posted for hearing on thrice i.e 13-08-2019, 14-08-2019 and 22-08-2019 and finding that none appeared on behalf of assessee, he dismissed the appeal preferred by the assessee. However, from a perusal the impugned order there is no […]

Govt. sign $750 million Agreement with World Bank for MSMEs

July 6, 2020 828 Views 0 comment Print

The World Bank and the Government of India today signed the $750 million agreement for the MSME Emergency Response Programme to support increased flow of finance into the hands of micro, small, and medium enterprises (MSMEs), severely impacted by the COVID-19 crisis.

CBIC shouldered its responsibilities well in last 3 years: CBIC Chairman

July 6, 2020 1191 Views 0 comment Print

The positive message from four Pr. Chief Commissioners during the VC held on the occasion was reassuring in that, while there was a lot to do in  the  future,  we are on the  right track and only needed to pursue our policy goals more vigorously. The impression that was carried at the end of the day was that CBIC has in the last three years truly shouldered its responsibilities well.

AAR explains GST on education services by Nirma University

July 3, 2020 1290 Views 0 comment Print

In re Nirma University (GST AAR Gujarat) Q.1 Whether Nirma would be eligible for claiming benefit of the exemption for legal services as provided in Sr. No.45 of the Notification No.12/2017-Central Tax (Rate) dated 28th June, 2017, as amended from time to time in respect of procurement of legal services? From the applicant’s submission and the […]

AAR explains Function entrusted to a Panchayat/Municipality for concessional GST

July 3, 2020 3942 Views 0 comment Print

In re Jayshreeben Rameshchandra Kothari (GST AAR Gujarat) We find that during the course of discharge of various functions by various entities, different work orders are issued according to which services are provided by the applicant. The scope of work as defined in the Work Orders submitted by the applicant on sample basis do not […]

GST: Conditions for a contract to get classified as pertaining to Railways

July 3, 2020 1686 Views 0 comment Print

In re SKG-JK-NMC Associates (JV) (GST AAR Gujarat) The Contract of the applicant should satisfy the following conditions to get covered under the contract pertaining to Railways and to enjoy concessional rate of GST of 12% instead of 18% [(3(v)(a) of the Notification No.11/2017-Central Tax (Rates) dated 28.06.2017]  (i) The Contract must be a composite […]

GST on Franchisee Fees & Royalty for use of trademark, brand name, IPR

July 3, 2020 78330 Views 2 comments Print

In re Tea Post Private Ltd (GST AAR Gujarat) Question-1: Classification of any goods and services or both for which ‘Franchisee Fees’ and ‘Royalty’ received by the applicant under the franchisee agreement from the franchisee for the right to use its trademark, brand name and other proprietary knowledge (Intellectual Property). Answer: “Franchisee Fees” and “Royalty” […]

Message of Hon’ble MOS (Finance) on GST Day

July 3, 2020 801 Views 0 comment Print

GST has brought about changes and new opportunities in all spheres of economy and taxation. GST, not only subsumed most of the indirect taxes and created one tax, it has also unified the country and trade in many more ways, thus bringing out One Nation One Tax in true spirit.

Reclassify MSMEs as per new definition w.e.f July 1, 2020: RBI to Banks

July 2, 2020 4416 Views 1 comment Print

Government of India has notified new criteria for classifying the enterprises as Micro, Small and Medium enterprises. The new criteria will come into effect from July 1, 2020.

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