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Recipient of services cannot apply for Advance Ruling under GST

March 12, 2020 1506 Views 0 comment Print

In re Portescap India Private Limited (GST AAR Maharashtra) Section 95 of the CGST Act, 2017 allows this authority to decide the matter in respect of supply of goods or services or both, undertaken or proposed to be undertaken by the applicant. We find that the applicant has not undertaken the supply in the subject […]

Companies (Incorporation) second Amendment Rules, 2020

March 12, 2020 1647 Views 0 comment Print

MCA notifies Companies (Incorporation) second Amendment Rules, 2020 and amend Annexure, in Form No. INC-28 vide Notiufication dated 12th March 2020. GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, 12th March, 2020 G.S.R. 169(E)._ In exercise of the powers conferred by section 3, sub-section (1) of section 7 and sub-sections (1) and (2) […]

No ITC of GST on input & input services used for construction of commercial immovable property, subsequently used for renting

March 12, 2020 10815 Views 1 comment Print

In re Ashish Arvind Hansoti (GST AAR Maharashtra) Question : Whether applicant is eligible to claim input tax credit of GST paid on input & input services used for construction of commercial immovable property, subsequently used for renting? Section (17) (5) (d) bars a taxable person, in the subject case the applicant, from taking input […]

HC explains relevant date for application of notification

March 12, 2020 5166 Views 0 comment Print

Ruchi Soya Industries Ltd Vs. Union of India (Gujarat High Court) 1. Rule returnable forthwith. Mr.Nirzar Desai, learned Standing Counsel waives service of notice of rule on behalf of the respondent no.1. Mr.Parth Bhatt, learned advocate waives service of notice of rule on behalf of the respondent nos.2 and 3. Mr.Kartik Pandya, learned advocate waives […]

NY Cinemas found Guilty of Profiteering: NAA

March 12, 2020 1143 Views 0 comment Print

It was alleged that NY Cinemas had not passed on the benefit of reduction in the GST rates on Services by way of admission to exhibition of cinematograph films where price of admission ticket was above one hundred rupees from 28% to 18%

IGST paid under RCM eligible for ITC

March 12, 2020 6516 Views 0 comment Print

In re Fom Aluminium Machines Pvt. Ltd. (GST AAR Karnataka) The third question which reads as ‘Is IGST paid under RCM eligible for ITC?’ The levy of IGST is only on the inter-state supplies and importation of goods/services is treated as inter-state supply, in terms of Section 7(2)/7(4) of the IGST Act 2017 respectively. The […]

ICAI FAQs on LLP Settlement Scheme, 2020

March 12, 2020 13506 Views 1 comment Print

The Ministry of Corporate Affairs has provided a one time opportunity to the LLPs to make good their default by filing pending documents and to serve as a compliant LLP in future by introducing LLP Settlement Scheme, 2020 vide General Circular No 02/2020 dated 4th March, 2020 which will be applicable from 16th March, 2020 to 13th June, 2020.

Section 68 Addition justified for un-reconciled credit balance

March 11, 2020 1299 Views 0 comment Print

Jupudi Venkateswara Rao Vs ITO (ITAT Visakhapatnam) Ld.CIT(A) has given a clear finding that the assessee failed to produce the purchases book, stock register etc to verify the purchases or the unaccounted sales, the assessee has taken a different stand before the ITAT and argued that the difference was not related to purchase and sales […]

AAR Application not admissible if Applicant is not supplier

March 11, 2020 597 Views 0 comment Print

In re Futuredent (GST AAR Maharashtra) We find that the applicant has not undertaken the supply in the subject case, and is also not proposing to undertake the supply. We find that, the applicant is a recipient of services from a person situated abroad. The impugned transactions are not in relation to the supply of […]

AAR application not admissible on separate invoice issue to each co-owners

March 11, 2020 669 Views 0 comment Print

In re Rishabh Chopda (GST AAR Maharashtra) The first question raised by the applicant is whether the co-operative society, in the present case has to issue four separate invoices to each of the four co-owners so that all of them can get proportionate input tax credit. We find that the said question is raised on […]

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