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GST on compensation cess supplied by Maruti Suzuki India Ltd.

October 25, 2018 1689 Views 0 comment Print

In re Maruti Suzuki India Ltd. (GST AAR Haryana) Question:-Whether HEVs supplied by the Applicant are leviable to compensation cess at the rate of 15% as prescribed under S.No.48 of Notification No.1/2017-Compensation Cess (Rate) dt.28.06.17, as amended vide Notification No.05/2017-Compensation (Cess) Rate dt. 11.09.17? Answer – the HEVs supplied by the applicant are not covered […]

No GST on security services to PCMC for functions entrusted to municipality

October 24, 2018 6690 Views 0 comment Print

In re National Security Services (GST AAR Maharashtra) Whether the Exemption Notification No.12/2017- Central Tax (Rate) dated 28/06/2017 (Entry No. 3 of the Notfn.) is applicable to the applicant for the Pure services i.e. Security Services rendered to Pimpri Chinchwad Municipal Corporation in relation to functions entrusted to Municipality under Constitution thereby exempting the applicant […]

Web hosting charge payment to Amazon Web Services do not constitutes royalty

October 24, 2018 15924 Views 0 comment Print

Assessee was only using services provided by Amazon and was not concerned with the rights in technology. The fees paid by assessee was for use of technology and cannot be said to be for use of royalty,

GST payable on commission from website users, pundits or Brahmins

October 23, 2018 5817 Views 1 comment Print

In re Sadashiv Anajee Shete (GST AAR Maharashtra) In the present case we find that applicant and recipient are not related persons and price received is sole consideration. We further see that these services are given by the applicant in his business models to choose the type of model. In all the three business models […]

GST on amount forfeited for non redemption of payback points

October 23, 2018 8664 Views 0 comment Print

In re M/s Loyalty Solutions and Research Pvt. Ltd. (LSRPLI) (GST AAAR Haryana) The value of points forfeited of the applicant on which money had been paid by the issue of points on account of failure of the end customers to redeem the payback points within their validity period would amount to consideration received in […]

Allow manual filing of revised TRAN-1, ITC-01 & GSTR-3B: HC

October 19, 2018 5238 Views 0 comment Print

Indusind Media Communications Ltd. and Anr. Vs Union Of India (Bombay High Court) In view of the above, the undisputed position before us is that the Petitioners are entitled to distribute the Input Credit available with it as on 1st July 2017 amongst its branches/locations. This distribution has not been possible on account of technical problems of the Respondents. Further the […]

Document seized at group company place cannot be held to be belonging to assessee

October 17, 2018 1317 Views 0 comment Print

Ekdanta Land Pvt. Ltd. Vs ITO (ITAT Pune) It is a settled issue that the seized papers seized from the premises of Jai Corp Group and others cannot be relied upon for making additions in the hands of the land aggregators whose names appeared in the said documents. It is not the case of the […]

S. 80IB(10) Deduction can’t be denied for mere non furnishing of Project Completion Certificate

October 17, 2018 1236 Views 0 comment Print

Sahara States – Hyderabad Vs Additional CIT (ITAT Hyderabad) As rightly observed by the Tribunal, though the assessee has completed the project by 31.03.2008 and had requested the local authorities for issuance of completion certificate since there was no provision under the GHMC Act of 1985 for issuance of completion certificate, the same was not […]

No Penalty on Additional surrendered Income if no specific query was raised by search party

October 15, 2018 1797 Views 0 comment Print

DCIT Vs Pradeep Aggarwal (ITAT Delhi) Since the assessee in the instant case has surrendered additional income and paid the taxes due thereon and no specific query was raised by the search party at the time of search to substantiate the manner of earning such income, therefore, following the decision of the Hon’ble Gujarat High […]

GST on Renting of buses to Municipality for passenger transportation

October 15, 2018 10836 Views 1 comment Print

In re SST Sustainable Transport Solutions India Private Limited (GST AAR Maharashtra) Applicant is rendering services to NMC by way of giving out on rent/hire, Buses which are further used by NMC for transportation of passengers. Such renting of Buses by the applicant squarely falls under Sr. No. 10, Heading No 9966 sub clause (ii) […]

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