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GST: Release goods and vehicle on payment of 25% of tax amount- HC

September 3, 2020 744 Views 0 comment Print

Balaji Steel Rolling Mills Ltd. Vs State of Tripura (Tripura High Court) Petitioner has challenged the seizure/detention of goods/materials by the Superintendent of State Taxes  by the order dated 17.02.2020 on the ground that e-Way bills tendered for the goods in movement stood expired when the vehicle entered within the territory of the State of […]

Joint DGFT cannot review his own orders: HC

September 2, 2020 1869 Views 0 comment Print

Simplex Infrastructures Ltd. Vs. Union of India (Madras High Court) Joint DGFT has no powers to review his own orders in view of Section 16 of the FTDR Act. There can be no review of an earlier refund except in accordance with the provision of Section 16 of the FTDR Act, which only permits the […]

Custom Duty is to be paid when condition of exemption not fulfilled

September 1, 2020 750 Views 0 comment Print

L. R. Brothers Indo Flora Ltd. Vs Commissioner of Central Excise (Supreme Court of India) The factual matrix leading to the present appeal is that the appellant M/s. L.R. Brothers Indo Flora Ltd. is a 100% Export Oriented Unit3 and engaged in production of cut flowers and flower buds of all kinds, suitable for bouquets […]

Disputed CENVAT Credit paid during Service Tax Regime can be claimed as cash refund

September 1, 2020 1122 Views 0 comment Print

Kaizen Organics Pvt. Ltd. Vs. Commissioner of Central Goods & Service Tax (CESTAT Delhi) I find that the allegations in the show cause notice of taking irregular cenvat credit is based on a communication dated 30.02.2012 received from the Additional Commissioner, Customs & Central Excise, J & K, Jammu, stating that the several units in […]

GST payable on leasing of property in the nature of hotel, inn, guest house

August 31, 2020 5940 Views 0 comment Print

We find that the Appellant has constructed the building with the intention of providing hostel accommodation which is more akin to sociable accommodation rather than what is commonly understood as residential accommodation. Therefore, we conclude that the impugned property cannot be termed as residential dwelling. Once the impugned property is not a residential dwelling, the exemption under Sl.No 13 of Notification No 09/2017 IT (Rate) dt 28.06.2017 will not apply to the renting/leasing of such property.

Composite work contract pre-dominantly of earth work to Government Entity attracts 5% GST

August 28, 2020 1398 Views 0 comment Print

The work carried by the applicant is a Composite supply of work contract involving pre dominantly earth work provided to a Government Entity and thus attract 5% GST

No Tax deduction under GST on Exempt Services

August 28, 2020 990 Views 0 comment Print

As per the Standard Operating Procedure issued by Law Committee of GST Council on 28.09.2018, if the services received by deductor from deductee are exempt, then there is no requirement for tax deduction under GST.

GST payable on interest charged for delay in delivery of goods

August 28, 2020 27804 Views 0 comment Print

In re Haryana State Warehousing Corporation (GST AAR Haryana) 1. Whether interest charged for delay in delivery of goods is taxable under Section 9 of CGST Act, 2017 or HGST Act, 2017 or exempt under Section 11 of CGST Act, 2017 or HGST Act, 2017 and What is the HSN Code of the service mentioned […]

Coal rejects attracts levy of compensation cess of Rs. 400 per MT

August 28, 2020 8085 Views 0 comment Print

In re Haryana Power Generation Corporation Ltd. (GST AAR Haryana) 1. Whether coal rejects to be disposed of by way of sale at very nominal price by the power plants of the applicant attracts levy of compensation cess @ Rs. 400/- per MT? Coal rejects to be disposed of by way of sale at very […]

Advance Ruling application rejected for non-appearance of applicant

August 28, 2020 447 Views 0 comment Print

In re Sachdeva Colleges Ltd. (GST AAR Haryana) In order to decide the admissibility of the application, the applicant was called upon to appear before this Authority on 09.01.2020 vide memo no. 02 dated 06.01.2020, but none appeared on behalf of the applicant. Thereafter, notice of appearance was sent for 28.01.2020 vide memo no. 13 […]

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