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GST on Agricultural Tree Climbing apparatus-Unipole Manually operated

September 12, 2019 3375 Views 0 comment Print

In re S.R.K Ladders (GST AAR Karnataka) What is the Classification of the goods manufactured by the dealer ‘Agriculture Tree Climbing Apparatus-Unipole Manually operated’- Principal raw material being Aluminium. In the instant case the goods in question “Agricultural Tree Climbing apparatus-Unipole Manually operated” is an agricultural implement and hence in common parlance it can be […]

TDS under GST not deductible by Co-op society not established by government

September 12, 2019 3567 Views 0 comment Print

In re Karnataka co-Coperative Milk Producers Federation Limited. (GST AAR Karnataka) Whether Karnataka co-Coperative Milk Producers Federation Limited is liable to deduct GST TDS under section 51 of CGST Act on the payments made to suppliers? The issue before us to decide is whether the applicant falls under any of the categories of the persons […]

Value of components supplied by contractor to job worker for free not form part of Supply value

September 12, 2019 3687 Views 0 comment Print

In re Hical Technologies Private Limited (GST AAR Karnataka) Whether the value of free of cost supplied by principal not to be included in value of supply by job worker? The nature of supply done by the applicant is one composite supply consisting of two supplies – one relating to the manufacturing service on the […]

AAR cannot give ruling on GST on PMS Services Fee Paid by Non-resident client

September 12, 2019 3399 Views 0 comment Print

In re Banayan Tree Advisors (p) Limited (GST AAR Karnataka) Whether they need to charge GST on the Portfolio Management Services provided to Non-resident client, where the client pays fee in foreign currency from their overseas account to the account of the Portfolio manager? It is clearly evident from the above that the place of […]

Receipt of Dry chilies from farmers & supply to traders-GST Registration as agent applicable

September 12, 2019 30501 Views 0 comment Print

In re Morigeri Traders (GST AAR Karnataka) 1) Whether the applicant is required to be registered under the GST Act? If the answer to the above question is affirmative, then under which section the Commission Agents are to be registered? The applicant, being a commission agent, is required to be registered under Section 22(1) of […]

Section 98(6): AAR bound to dispose Application within 90 days of receipt

September 12, 2019 990 Views 0 comment Print

In re DLF Limited (GST AAR Haryana) Authority for Advance Ruling is bound to pronounce ruling within 90 days of the receipt of application as per Section 98(6) of the CGST/HGST Act. The applicant cannot be granted any further opportunity of hearing. Hence, the application of Advance Ruling is rejected under Section 98(2) of the […]

Additional depreciation cannot be denied to an entity engaged in business of generation and distribution of power

September 11, 2019 1464 Views 0 comment Print

Pr. CIT Vs NTPC Sail Power Co. Pvt. Ltd. (Delhi High Court) Electricity is capable of abstraction, transmission, transfer, delivery, possession, consumption and use like any other movable property. Following the same logic, to deny the benefit of additional depreciation to a generating entity on the basis that electricity is not an ‘article’ or ‘thing’ […]

Assessee cannot offer Interest Income on cash basis when he is following accrual basis

September 11, 2019 8844 Views 0 comment Print

DCIT Vs M/s Delhi Tourism Transportation Corporation Ltd. (ITAT Delhi) The addition was made by the AO on the ground that although the assessee had claimed credit for Tax Deducted at Source (“TDS”, for short) on the interest income from the bank, corresponding interest income was not offered to tax by the assessee during the […]

TPO could not assume jurisdiction to determine ALP of a SDT not reported to him

September 11, 2019 2181 Views 0 comment Print

Times Global Broadcasting Company Ltd Vs Union of India & Ors. (Bombay High Court) It is indisputable that by virtue of sub-sections (2A) and (2B) of Section 92CA, in case of an international transaction, the TPO would have an authority to examine any international transaction which comes to his notice during the proceedings, whether a […]

HC directs GSTN to consider transitional ITC claimed by Appellant

September 11, 2019 897 Views 0 comment Print

The writ petitioners have filed these applications for getting the transitional input tax credits, for which Form GST TRAN-I was filled up by them.

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