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Accommodation services to SEZ units can be treated as zero rated supplies

September 16, 2019 8715 Views 0 comment Print

In re Carnation Hotels Private Limited (GST AAR Karnataka) a. Whether accommodation service proposed to be rendered by the applicant to SEZ units are liable to CGST and SGST or IGST? The accommodation service proposed to be rendered by the applicant to SEZ units are covered under the IGST as it is an inter-State supply […]

GST on Printing of books etc. for which materials are provided by customers

September 16, 2019 40038 Views 0 comment Print

In re Sukee Printpack LLP (GST AAR Karnataka) 1. In the case where applicant is supplying the paper and paper board printed with content supplied by the recipient of the goods made using physical inputs including paper belonging to the recipient and – a. If the final printed material is a book or a journal […]

Pattadar Passbook cum Title Deed classifiable under HSN 4820

September 16, 2019 4128 Views 0 comment Print

In re Manipal Technologies Limited (GST AAR Karnataka) Whether Pattadar Passbook cum Title Deed is a ‘Document of Title’ so as to classify under HSN 4907 or as a ‘Passbook’ under HSN 4820. Section 3 of Telangana State Rights in Land Pattadar Passbooks Act – 1971, provides that a record of rights shall be created. […]

GST payable on reimbursement of discount / rebate from principal company

September 16, 2019 6585 Views 0 comment Print

In re M/s. Santhos Distributors (GST AAR Kerala) It is established from the statement of the applicant that the prices of the products supplied by the applicant is determined by the supplier /principal company and the applicant has no control on the price of the products. Therefore, it is evident that the additional discount given […]

GST on services related to gold ornaments

September 16, 2019 32493 Views 0 comment Print

In re M/s. CGR Gold Trading (GST AAR Kerala) i) The tax liability of the applicant; the rate of tax for the services rendered by the applicant on quality testing and certification of gold ornaments. The quality testing and certification of gold ornaments are covered under Service Classification Code, 998346 – Technical testing and analysis […]

Director Bank Account Attachment for default in MVAT Payment by Public Company is unjustified

September 15, 2019 4785 Views 0 comment Print

Girdhari Lal Lath Vs. State of Maharashtra & Ors. (Bombay High Court) Since Sub Section (6) of Section 44 of the MVAT Act is subject to the Companies Act, 2013 the definitions and distinctions laid down in the Companies Act, 2013 vis-a-vis public company and private company would be applicable to Section 44(6) of the […]

Section 12AA registration cannot be cancelled for mere violation of section 11 and 13

September 15, 2019 6657 Views 0 comment Print

Lilavati Kirtilal Mehta Medical Trust Vs CIT (ITAT Mumbai) In the present case, the case sought to be made out by the Commissioner is that the violation carried out by the assessee would lead to denial of exemption u/s. 11 & 13 of the Act and, therefore, the pre-requisite of section 12AA(3) of the Act […]

Document not found during search on assessee cannot be subject matter for addition -section 153A

September 14, 2019 1443 Views 0 comment Print

DCIT Vs Vikas Jain (ITAT Delhi) Apparently, it appears that the seized document was found at a place other than the place where the search on the assessee has been carried out. Thus, in these circumstances, it cannot be said that this document was found in possession or control of the assessee. If that be […]

No exemption U/s. 10(23C)(vi) if Educational institution not exists solely for education

September 14, 2019 2343 Views 0 comment Print

Sutlej Educational Charitable Trust Vs CIT (E) (ITAT Amritsar) The only issue, thus, that survives is that the funds (or income) of the educational institution are (or, is) not to be utilized by the assessee-trust, owning and managing it, for any other (non-educational) object/purpose, which, as afore-noted, there are several (also refer para 2 of […]

No penalty for cash receipt and repayment of same due to business exigency

September 14, 2019 4575 Views 0 comment Print

CIT Vs Shri. T. Perumal (Madras High Court) Here is a case where the loan taken from friends and repayment of the same in cash. The reason that taking of loan is found to be genuine and the same is for business exigency, it is not a case of undisclosed income. If the assessee had […]

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