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Advance ruling application rejected on failure of applicant to frame question

August 28, 2020 663 Views 0 comment Print

In re Jewel Classic Hotels Pvt. Ltd. (GST AAR Haryana) The applicant has preferred the application for seeking advance ruling on various issues but it has failed to frame any question. Instead of posing any question before the authority, the applicant has given a description of the activities undertaken by it. The applicant was also […]

AAR explains method of distribution of ITC from HO to BO

August 28, 2020 2457 Views 0 comment Print

In re Tata Sia Airlines Limited (GST AAR Haryana) Now, to decide the method of distribution of input tax credit from HO to BO, it is pertinent to discuss the relevant provisions regarding ‘input service distributor’. The term ‘input service distributor’ is defined under section 2(61) of the CGST Act, as under: “Input Service Distributor” […]

GST on Laboratory Reagents

August 28, 2020 3603 Views 0 comment Print

In re Imperial Life Sciences Pvt. Ltd. (GST AAR Haryana) Whether ‘LABORATORY REAGENT’ is classifiable under Tariff Heading 38220090 at S.No.80 of Schedule II oras “Goods which are not specified in Schedule I, II, IV, V or VI” at Sl. No. 453 of Schedule III under the CGST Notification No.1/2017-Central Tax (Rate), dated 28th June, […]

AAR explains applicable date of Amendment to GST notifications

August 28, 2020 1980 Views 0 comment Print

In re Dee Vee Projects Ltd. (GST AAR Madhya Pradesh) Q1. What is rate of tax applicable to the composite supply of works contract as defined in clause (119) of Section 2 of Central Goods and Services Act, 2017 (The Act), undertaken by the supplier (applicant) i.e., whether the GST rate 18% or 12% is […]

GST rate on affordable housing project started till or after 31.03.2019

August 28, 2020 4200 Views 0 comment Print

In re Nani Resorts and Floriculture Pvt. Ltd. (GST AAR Haryana) Whether the applicant taxpayer is to pay tax  @ 6% + 6% (after availing land abatement= 4%+4%) availing the input tax & as provided under notification 11 & t7 of 2017 under CGST Act & notification 46 & 74 of 2017 under HGST Act. Or […]

HC directs Petitioner to submit Representation to commissioner with All Judgments Cited for Filing GST TRAN-1

August 27, 2020 636 Views 0 comment Print

The instant petition is regarding seeking permission for revision of Form GST TRAN – 1 in conformity with the returns filed under the existing laws that stand repealed by the Central Goods and Service Tax Act 2017 (“CGST”)

Amount/Stock disclosed during survey is part of book profit for section 40(b)

August 26, 2020 1506 Views 0 comment Print

Jadhav Kangralkar Builders Vs ACIT (ITAT Pune) We find that there is no dispute regarding the business of assessee and earning Rs.200/- extra over and above regular income for selling 37,752 sq. ft. in Aayodhya Nagari project. From the day one i.e. from date of survey as discussed above, the assessee was contended the amount […]

Sale of TDR/FSI leviable to GST: AAAR

August 26, 2020 6048 Views 0 comment Print

In re Vilas Chandanmal Gandhi (GST AAAR Maharashtra) The Maharashtra Appellate Authority confirmed the Maharashtra Advance Ruling Autority Order by holding that  the sale of TDR/FSI would be leviable to GST under Heading 9972, at the rate of 18% (9% CGST + 9% SGST), as prescribed under the entry at Sl. No. 16 (iii) of Notification […]

No GST on Transportation charges recovered from employees

August 25, 2020 12156 Views 1 comment Print

Whether GST is applicable on nominal amount recovered by Applicants from their employees for usage of employee bus transportation facility in non-air conditioned bus.

GST: Taxpayers can demand copies of Seized Documents during Search: HC

August 24, 2020 3297 Views 0 comment Print

Rajive And Company  Vs. Assistant Commissioner Special Circle (Kerala High Court) Petitioners will no doubt be entitled to seek copies of the documents seized from their premises, if and when they are confronted by the respondents with any notice or other proceeding, wherein reliance is placed on the said seized documents. I, therefore, make it […]

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