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GST on sale of coal reject by a power plant of CSPGCL

January 4, 2023 1122 Views 0 comment Print

Applicability of GST notification no. 02/2018 compensation cess (Rate) date 26-07-2018 on sale of coal reject by a power plant of Chhattisgarh state power generation company limited?

GST on supply by Gangaur Sweets through its restaurant & sweetshop

January 4, 2023 5046 Views 0 comment Print

In re Gangaur Sweets  (GST AAR Chhattisgarh) (1) If the applicant opts for continuing with composition scheme under GST law, the provisions as stipulated under Section 10 of the CGST Act 2017 will be applicable for all the supplies made by the applicant and accordingly the applicant is not allowed to collect composition tax from […]

MCA imposes penalty on company for not marinating registered office after giving benefit of small company

January 4, 2023 717 Views 0 comment Print

As per Section 12 A company shall, on and from the thirtieth day of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be prescribed. It is observed that company is a small company so benefits of small company is extended to this company while adjudicating penalty.

GST liability on the purchase of biomass power plant through e-auction

January 4, 2023 2013 Views 0 comment Print

Exemption provided under serial no.2 of the Notification No.12/2017-Central Tax (Rate) dated-28.06.2017 is not applicable to the said intrastate supply of Biomass Power Plant (8 MW Capacity) as a going concern’. GST at the applicable rate is leviable on the said supply.

Sign board of company outside registered office damaged due to rain- MCA imposes penalty for non-display

January 4, 2023 1689 Views 0 comment Print

Due to rain and stormy whether the display board showing the name of the company was damaged. Whereas, it is concluded that on the date of visit the company was non-compliance with regard to section 12(3)(a) of the Companies Act, 2013. Hence, the company and its directors are liable for penalty for defaulting period i.e. from 29.08.2022 to 30.08.2022).

Kerala VAT- HC set-aside Order against legal heirs without any notice to them

January 3, 2023 822 Views 0 comment Print

Sreeram. B. Vs Sales Tax Officer (Kerala High Court) A perusal of Ext.P6 order of the 1st respondent does not reveal that the order was issued after affording any opportunity of hearing to the legal heirs of late Bhagavathirajan. The registration of the dealer was cancelled from 12.05.2022 on account of the death of late […]

HC allows release of goods subject to payment of GST

January 3, 2023 624 Views 0 comment Print

Sheetal Jain Vs State Tax Officer (Kerala High Court) Petitioner has approached this Court being aggrieved by Ext.P12 order issued under Section 130 of the CGST/SGST Acts and Ext.P15 appellate order confirming Ext.P12 order. The grievance of the petitioner is that in the absence of the Appellate Tribunal, the petitioner is unable to avail the […]

HC allows rectification of GSTR-1 as entries mistakenly shown in B2C instead of B2B

January 3, 2023 4293 Views 0 comment Print

Certain inadvertent mistakes were committed by showing the outward supply in B2C column instead of B2B and therefore, the recipient, i.e. the respondent no.2 is unable to find the same in GSTR-2A

No penalty on addition based on estimated rate of profit applied on turnover

January 3, 2023 1338 Views 0 comment Print

ITO Vs Pritesh Mafatlal Shah (ITAT Mumbai) Hon’ble Delhi High Court in the case of CIT Aero Traders Pvt. Ltd., [322 ITR 316] wherein the Hon’ble High Court affirmed the order of the Tribunal in holding that estimated rate of profit applied on the turnover of the assessee does not amount to concealment or furnishing […]

GST on services for augmentation of oil/gas facilities

January 3, 2023 2154 Views 0 comment Print

In re Worley Services India Pvt. Ltd. (GST AAAR Maharashtra) We, hereby, uphold the MAAR Order No. GST-ARA-27/2020-21/B-38 dated 31.03.2022 (‘Impugned Order’) wherein it has been held that the services provided by the Appellant are neither covered under SI. No. 24(ii) nor under SI. No. 21(ia) of the Rate Notification. As regards the classification of […]

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