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Allow Tran-1 filing if failure of Appellant was due to technical glitches on common portal

January 11, 2019 2499 Views 0 comment Print

Jodhpur Truck Pvt. Ltd. Vs Union of India (Rajasthan High Court) Section 140 of the Central Goods and Service Tax Act, 2017 confers a right to a registered dealer to take credit of ‘eligible duties’ of the amount lying unutilized on the day immediately preceding the appointed day, in the manner prescribed. First proviso to […]

GST on Liquidated damages for delay in execution of contract

January 11, 2019 11817 Views 0 comment Print

Whether ‘Liquidated Damages’ and other penalties like milestone penalties levied on suppliers/ contractors in the nature of making good the damages for any delays in supply of service or goods in the following cases are exigible to GST or not?

Procedure to Record information on transfer of MEIS/SEIS scrips on DGFT website

January 11, 2019 47949 Views 3 comments Print

It has been decided that transfer of MEIS/SEIS scrips, which have been issued on or after 14.1.2019,for EDI ports only, will have to be mandatory recorded on the DGFT website (dgft.gov.in). Detailed procedure for recording of transfer of MEIS/SEIS scrips is at Annexure.

Form e-704 MVAT Audit Report for FY 2017-18: Queries & Solutions

January 11, 2019 46623 Views 2 comments Print

In PART – 1 of Audit Report, Form Date and To Date are not entered as complete financial year, i.e. from data should be 01.04.2017 and To date should be 31.03.2018. Dealers who are migrated to GST wef 01.07.2017, has to download the latest template ( after clearing cache, cookies and history) and can enter the applicable VAT period ( viz., April to June 2017) to submit e704.

Rejection of GST refund without considering assessee’s reply violates principles of natural justice

January 10, 2019 2595 Views 0 comment Print

Rejection of IGST refund without considering assessee’s reply and also without affording an opportunity of personal hearing was in violation of the principles of natural justice. Therefore, matter was remanded back for reconsideration to decide the refund claim on merits within the stipulated period.

Mere discrepancy in Form 26AS & 16 not amounts to concealment

January 9, 2019 2652 Views 1 comment Print

Taking into account the amount mentioned in Form 26AS it could not be said that the assessee had concealed amount or furnished inaccurate particulars of income. However, penalty was restricted to the tax sought to be evaded on the amount of commission income not disclosed by assessee.

Serving of food under Govt sponsored Anganwadi meals program is covered under the scope of supply

January 9, 2019 4782 Views 0 comment Print

In re M/s The Akshaya Patra Foundation (GST AAR Rajasthan) Q1. Whether preparation and serving food to children of Govt Schools under Mid-Day Meal Programme of Govt and serving of food under Govt sponsored Anganwadi meals program is covered under the scope of supply as per section 7 of CGST/RGST Act, 2017? A. Preparation and […]

RBI releases guidelines on Tokenisation – Card Transactions

January 8, 2019 2679 Views 0 comment Print

Reserve Bank has today released guidelines on tokenisation for debit / credit / prepaid card transactions as a part of its continuous endeavour to enhance the safety and security of the payment systems in the country. Tokenisation involves a process in which an unique token masks sensitive card details.

GST on Mineral mining rights in lieu of which Royalty

January 8, 2019 825 Views 0 comment Print

In re Kayden Infra Engineering Private Limited (GST AAR Haryana) (a) Since, the applicant is the person responsible to pay GST on the Mineral mining rights in lieu of which Royalty is being paid, at what GST rate should it discharge its GST liability whether at the rate of 5% (Rate applicable on extracted raw […]

GST Ruling cannot be sought by those not covered in Applicant definition

January 8, 2019 837 Views 0 comment Print

in re Woven Fabric & Bags Manufacturers Association (GST AAR Haryana) It appears prima facie that Woven Fabric & Bags Manufacturers Association itself is not in the business of goods in respect of which advance ruling is sought and it has merely submitted a representation in the shape of advance ruling application on behalf of […]

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