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28% GST Payable on Disc Brake Pads under chapter heading 8708

July 11, 2018 5601 Views 0 comment Print

In re Compo Advice India Private Limited (GST AAR Maharashtra) Whether under which HSN Code our Product Disc Brake Pads  to be classified under 6813 or under 8708 as there are different rate charged in both code? The Product i.e. Disc Brake Pads falls under chapter heading 8708 and would be liable to tax @ […]

GST on catering services provided under B2B Model & B2C Model

July 9, 2018 16611 Views 0 comment Print

In re Ismail Ahamad Soofi (GST AAR Maharashtra) Whether the catering services provided by the Applicant under B2B Model and B2C Model are to be classified as canteen/restaurant services under Entry. No. 7(i) of the Notification No. 11/2017 dated 28th June 2017 as amended by the Notification No. 46/2017-Central Tax (Rate) dated 14th November 2017 or […]

GST registration not required for supply of exempted goods or services or both

July 4, 2018 9240 Views 0 comment Print

In re Acsen Hyveg Private Limited (GST AAR Haryana) 1. Whether registration is required in case of supply of tax free goods under GST Act? Person is engaged in supply of exempted goods or services or both, which are not liable to be taxed, shall not be liable to be registered under the CGST Act, […]

Allow ITC if non-filing of TRAN-1 was for reasons not attributable to petitioner

June 28, 2018 561 Views 0 comment Print

Naga Distributors Vs. UOI & Ors. (Kerala High Court) High Court held that If the uploading of FORM GST TRAN-1 is not possible for reasons not attributable to the petitioner, the authority will also enable him to take credit of the input tax available at the time of migration. FULL TEXT OF THE HIGH COURT […]

AAR cannot decide if a transaction is an inter-state supply or intra-state supply

June 27, 2018 678 Views 0 comment Print

In re M/s. Fichtner Consulting Engineers (India) Private Limited (GST AAR Tamilnadu) The Authorised Representative of the Applicant was heard in the matter. They submitted that they are providing engineering consultancy services to a recipient in Chennai in relation to an immovable property, a coal mine located in North Karanpura Coalfields, Jharkhand for coal handling […]

ITAT Condones Delay in filing appeal caused by fault of CA/ Counsel

June 25, 2018 4467 Views 0 comment Print

M/s. Midas Polymer Compounds Pvt. Ltd. Vs ACIT (ITAT Cochin) There was a delay of 2819 days in filing the appeal before the Tribunal. The assessee has stated the reasons in the condonation petition accompanied by an affidavit which has been cited in the earlier para. The assessee filed an affidavit explaining the reasons and […]

TP disputes on Comparables & Filter selection are not substantial question of law

June 25, 2018 5517 Views 0 comment Print

In transfer pricing disputes, comparability analysis and use of appropriate filters has been one of the most prevalent issues, especially for captive cost plus remuneration service providers.

No advance ruling as applicant was not supplier or manufacturer of goods

June 15, 2018 465 Views 0 comment Print

In re Ramway Foods Ltd. (GST AAR Uttar Pradesh) Whether the classification  of  Sacks & bags of a kind used for the packing of goods of manmade textiles materials will appropriately  classifiable falling under HSN 63053300 or under 39232990 of GST Tariff? The ruling is not applicable as applicant is a recipient of goods and […]

TDS U/s. 195 not deductible on commission paid to USA based payee

May 31, 2018 2133 Views 0 comment Print

ACIT Vs M/s Calcutta Export Co. (ITAT Kolkata) The Revenue has failed to place on record even a single document throwing light towards the fact that the payee herein has rendered any of its services in India thereby making it liable to be assessed u/s 9 r.w.s 5 of the Act. The assessee’s payee has […]

Deemed dividend U/s. 2(22)(e): Advance in normal course of business

May 30, 2018 2760 Views 0 comment Print

 Since trade advances obtained by assessee from its sister concern were in the nature of commercial transactions, would not fall within the ambit of the word ‘advance’ in section 2(22)(e).

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