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Issue & Service of Notice U/s. 148 is to be complied mandatorily: ITAT

January 22, 2019 15006 Views 0 comment Print

Charan Singh Vs ITO (ITAT Jaipur) (i) Under Section 148 of the Act, the issue of notice to the Assessee and service of such notice upon the Assessee are jurisdictional requirements that must be mandatorily complied with. They are not mere procedural requirements. (ii) For the AO to exercise jurisdiction to reopen an assessment, notice […]

AAR cannot give Ruling on the question of when to raise invoices

January 22, 2019 1089 Views 0 comment Print

This Authority cannot give a Ruling on the question of when to raise invoices by the Applicant as per Section 97(2)of CGST Act/TNGST Act. .The value of supply for each invoice raised by the Applicant will be the transaction value and should include the amounts , if any, as specified in Section 15(2) and exclude the discounts, if any, as specified in Section 15(3) of CGST ACT 2017.

ITC on credit note from vendors post supply of goods by vendors: Controversial Ruling

January 22, 2019 8442 Views 0 comment Print

In re M/s. MRF Limited (GST AAR Tamilnadu) Whether the MRF Ltd can avail the ITC of the full GST charged on the supply of invoice or a proportionate reversal of the same is required in case of post purchase discount given by the supplier of the goods or services AAR held that Proviso to […]

Temporary /makeshift superstructure not eligible for Section 54F exemption

January 21, 2019 6747 Views 0 comment Print

Shri Harshad M Thakkar (Gandhi) Vs DCIT (ITAT Ahmedabad) We are at loss to understand as to how the factual aspects like lack of basic amenity and a non-descript temporary makeshift shelter/ superstructure of insignificant worth can convert a land into a residential house. The vast open land with naturally grown grass, a grossly asymmetric […]

Fema: Reg. opening of project office relating to defence sector in India

January 21, 2019 1359 Views 0 comment Print

In the case of proposal for opening a project office relating to defence sector, no separate reference or approval of Government of India shall be required if the said non-resident applicant has been awarded a contract by/entered into an agreement with the Ministry of Defence or Service Headquarters or Defence Public Sector Undertakings.

Vaya Tyffyn (lunch box) & Vaya Drynk (bottle) classifiable under CTH 96170019

January 21, 2019 5877 Views 0 comment Print

In re M/s. Vaya Life Private Limited (GST AAR Tamilnadu) What is the Harmonized system of nomenclature (HSN) code and the applicable GST rate for VAYA TYFFN (lunch boxes) and VAYA Drynk (bottle) in terms of notification 01/2017- Central Tax (Rate) dated 28/06/2017 as amended from time to time.  1. The goods ‘Vaya Tyffyn’ and […]

GST on Salwar / Churidhar sets, whether partially stitched/ neck work done, or not

January 21, 2019 19260 Views 0 comment Print

In re M/s. RmKV Fabrics Private Limited (GST AAR Tamilnadu) Whether the Salwar / Churidhar sets, comprising of three sets of Tops, Bottom and Dupatta, whether partially stitched/ neck work done, or not would remain as fabrics under Chapters 50,52,54,55 based on the constituent material and attract a total 5% GST; or they are classifiable […]

No ITC of GST on maintenance of township, guesthouse, hospital: AAAR

January 21, 2019 18054 Views 0 comment Print

AAAR held taht applicant is not entitled to take input credit of services utilized for maintenance of Guest House, Transit House and Trainee Hostel?

No GST exemption to non-clinical body on Healthcare services

January 21, 2019 6540 Views 0 comment Print

Applicant has failed to prove their legal status as Clinical Establishment and they are merely working as ancillary or sub-contractors to other accredited companies, and accordingly the Applicant are not entitled to avail exemption under Notification no.12/2017-CT(Rate) and corresponding notification issued under MPGST Act. We hold accordingly.

Notification No. 3/2019-Customs (N.T./CAA/DRI) Dated: 21.01.2019

January 21, 2019 2001 Views 0 comment Print

Notification No. 3/2019-Customs (N.T./CAA/DRI) dated the 21st January, 2019 Appointment of Common Adjudicating Authority by DGRI

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