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Income from share transaction on daily basis is business Income

March 21, 2018 1290 Views 0 comment Print

Smt. Anju Gaggar Vs. ACIT (ITAT Hyderabad) During the relevant financial year, there were repeated purchase of same scrip and sale thereof immediately, almost on daily basis to take advantage of the market fluctuations. Further that, records of the broker clearly revealed that she had no intention to make investments for long periods. Hence, income […]

Cenvat credit eligible on expense for Repair & Maintenance of Plant & Machinery Eligible

March 21, 2018 3738 Views 0 comment Print

CCE Kutch (Gandhidham) Vs. Almac Enterprise (CESTAT Ahmedabad) Repair and maintenance of plant and machinery is an activity without which smooth manufacturing is not possible. Commercially, manufacturing activity is not possible with malfunctioning machines, and leaking tanks, pipes and tubes.

Cenvat credit allowable on MS Steel items used for structural support

March 21, 2018 2997 Views 0 comment Print

The issue involved in both these appeals being the same were heard together and disposed by this common order. The parties hereinafter referred to as assessee and department for the sake of convenience.

Reinstatement / Access charges paid to Municipal Authorities liable to GST: AAR

March 21, 2018 7782 Views 0 comment Print

In re Reliance Infrastructure Limited (AAR Maharashtra) Reliance Infrastructure Limited, the applicant, seeking an advance ruling in respect of the following : 1. Whether reinstatement charges paid to Municipal Authorities would be liable to GST? 2. Whether access charges paid to Municipal Authorities would be liable to GST? Question Whether reinstatement charges paid to Municipal […]

Canteen Services provided in Customer’s premises taxable at 18% GST as outdoor catering service

March 21, 2018 8445 Views 0 comment Print

In re M/s. Rashmi Hospitality Services Private Limited (AAR Gujarat) Issue- One of the customer, who is recipient of services, has given the contract for catering services to be provided to the staff and premise for services to be provided for canteen has also been made available to the applicant, which is non Air-conditioned. Whether […]

Gas Production by INOXAP for Essar Steel is Job Work : AAR Gujarat

March 21, 2018 1827 Views 0 comment Print

In re M/s. Inox Air Products Pvt. Ltd. (AAR Gujarat) (a) The activity undertaken by the applicant falls under the ‘Job Work’ as defined under Section 2(68) of the Central Goods and Services Tax Act, 2017 and the Gujarat Goods and Services Tax Act, 2017. (b) The applicant is liable to pay Goods and Services […]

Nil GST payable on health care services by a clinical establishment

March 21, 2018 15249 Views 0 comment Print

In the instant case the Applicant is involved in providing the services of diagnosis, pre & post counseling, therapy and prevention of diseases by providing tests that are sophisticated and relevant. The medical team of the applicant is involved in the complete cycle and hence they facilitate the diagnosis process and therefore the services provided by the applicant qualify to be health care services.

GST payable on Overseas Education Advisory to students in India: AAR

March 21, 2018 30204 Views 1 comment Print

The Applicant states that it provides Overseas Education Advisory whereby it promotes the courses of foreign universities among prospective students and wants a ruling on whether the service provided to the Universities abroad is to be considered export within the meaning of Section 2(6) of the Integrated Goods and Services Act

Supply of UPS with battery is a mixed supply under GST Act: AAR

March 21, 2018 16653 Views 2 comments Print

The supply of UPS and Battery is to be considered as Mixed Supply within the meaning of Section 2(74) of the GST Act, as they are supplied under a single contract at a combined single price.

Joint Plant Committee not required to Register under GST Act: AAR

March 21, 2018 2205 Views 0 comment Print

Joint Plant Committee is engaged exclusively in supplying goods and services that are wholly exempt from tax, and, therefore, not liable to be registered in accordance with the provisions under section 23(1) of the GST Act, subject to the condition that the Applicant is not otherwise liable to pay tax under the Reverse Charge mechanism under Section 9(3) of the GST Act or 5(3) of the IGST Act.

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