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18% GST applies to supply of ‘Un-fried Fryums’

September 17, 2020 1908 Views 1 comment Print

In re Jayant Food Products (GST AAR Gujarat) Question: Under which tariff Heading PAPAD of different shapes and sizes manufactured/ supplied by the applicant would attract CGST and SGST? Answer : The product ‘Un-fried Fryums’ manufactured and supplied by applicant is classifiable under Tariff Item 2106 90 99 of the First Schedule to the Customs […]

E-way bill not required for Watches of Rs. 449550 discounted to Rs. 8.99

September 17, 2020 10248 Views 0 comment Print

It is the case of the petitioner that the transportation was of a consignment of watches that had been supplied to him by the seller in Delhi at a discounted rate of Rs.8.99. It is seen that the transportation of the goods was accompanied by Ext.P4 tax invoice, where the supplier in Delhi had shown the actual price of the consignment of watches, which was Rs.4,49,550/- and had given a discount of almost the entire amount save to the extent of Rs.8.99, and had paid IGST at the rate of 18% on the actual value of the watches.

GST can be levied on notional interest on security deposit: AAR

September 16, 2020 16278 Views 0 comment Print

Notional interest has to be considered as part of value of supply of service, if and only if the said notional interest influences the value of supply i.e. value of RIS service / monthly rent and is leviable to GST along with monthly rent at the rate applicable to monthly rent.

HC directs GST Department to refund Amount of Bank Grantee Encashed

September 15, 2020 2859 Views 0 comment Print

LM Wind Power Blades India Pvt. Ltd. Vs. State of Maharashtra (Bombay High Court) Learned counsel for the petitioner submits that action of respondent No. 4 in encashing the bank guarantees without waiting for expiry of the appeal period is wholly illegal and should be declared as such by this court. He submits that respondent […]

Date of allotment of mines is time of supply under GST for Upfront payment

September 15, 2020 2238 Views 0 comment Print

In re Essel Mining and Industries Ltd. (GST AAR Madhya Pradesh) Upfront payment made to the state Government is in the nature of advance from the date Of allotment of mines on lease to the applicant for the purpose of determining the time of supply under GST Law as per the Section 13(3) of MP […]

Copy of GST documents seized can be denied to Assessee if it may adversely affect investigation

September 15, 2020 1893 Views 0 comment Print

The discretion available to the competent authority u/S 67(5) of the CGST Act while withholding supply of copies/extracts of documents seized appears to be judiciously exercised by the competent authority for reasons which prima facie appear to be cogent and convincing.

Filing of Appeal with GST Tribunal if not constituted- HC Direction

September 15, 2020 4785 Views 0 comment Print

In the instant case, the petitioner filed a writ petition seeking to quash show cause notice issued by the respondents. The petitioner to reply to the said show cause notice within two weeks. Thereafter, the Adjudicating Authority shall consider the objection filed and pass orders in accordance with law.

Changes in duty liability on DTA clearances from EOU applies prospectively only

September 15, 2020 7761 Views 0 comment Print

L. R. Brothers Indo Flora Ltd. Vs. Commissioner of Central Excise (Supreme Court) The appellant being a 100% EOU and into manufacture of cut flowers, without obtaining the approval of the Development Commissioner and without maintaining the requisite net foreign exchange earning, made DTA sales to the extent of Rs.38,40,537/­ during 1998­-99 to 2000­01 (upto […]

AO cannot treat Share Premium as Bogus without proper investigation

September 14, 2020 1887 Views 0 comment Print

ITO Vs. Aravali Prime Consultants Pvt. Ltd. (ITAT Jaipur) In this case, it is noted that the AO during the course of assessment proceeding made the addition of Rs. 2,63,15,000/- (138500 shares x Rs. 190 per share) on account of share premium received on issue of shares by the assessee company. Thus the AO observed […]

Declared import value cannot be rejected without passing speaking order

September 14, 2020 1293 Views 0 comment Print

Commissioner of Customs Vs. Artex Textile Private Limited (CESTAT Delhi) we find that assessing officer have been making enhancement in a routine manner and the respondent who are regular importers are left with no choice but to sign on the dotted line for taking delivery of their goods to carry on their business, and also […]

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