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GST on Fancy Number Reservation with RTO; AR Application withdrawn

October 9, 2018 7626 Views 0 comment Print

In re Pydi Ganesh Chandra Babu (GST AAR Andhra Pradesh) Whether the considerations collecting by the Road Transport Department on  account of issuing Fancy Number on Reservation? Comes under GST taxable  net or not ?  If comes under GST purview what is the rate of tax? Since the applicant withdrew the Advance Ruling (AR) application […]

GST on medicines, consumables & implants used in providing health care services

October 6, 2018 4383 Views 0 comment Print

In re Ms. Rajagiri Health Care & Education Trust(GST AAR KERALA) Government of India vice Circular No.27/01/2018-GST Dt.04-01-2018 has clarified that room rent in hospital is exempted. As for as inpatients are concerned, room facility in a hospital is one limb of bundled service of health care. The clarifications issued based on the approval of 25th […]

CIDCO is ‘Government Entity’ for GST: 12% GST applicable

October 3, 2018 14121 Views 1 comment Print

Whether CIDCO is covered under the definition of the term ‘Government Entity’ as per Notification No. 31/2017 – Central Tax (Rate) dated 13 October 2017?

Fan Coil Unit classifiable under Heading No. 8415 as its basic function is air conditioning of a place

October 3, 2018 7227 Views 0 comment Print

In re Bhutoria Refrigeration Private Limited (GST AAR Maharashtra) Question 1:- Whether the Fan Coil Unit is covered under HSN Code 8418 under Goods and Service Tax Act, 2017. Fan Coil Unit (FCU) is a simple device consisting of a heating and or cooling heat exchanger or ‘Coil’ and fan. It is a part of […]

MD & Director are equally responsible to file IT returns of Company

October 1, 2018 4959 Views 0 comment Print

Rakshit jain Vs ACIT (Delhi High Court) It is the argument of the petitioners that the obligation to verify and submit the ITR on behalf of the company has been placed by the legislature at the door of the managing director of the company and, consequently, it is inappropriate and unfair to rope in the […]

ITC on maintenance of township, guest house, hospital, horticulture in ordinary course of business

September 28, 2018 2805 Views 0 comment Print

In re National Aluminium Company Ltd. (GST AAR Odisha) Advance Ruling in respect of entitlement to take credit of input tax paid on various goods and services used for maintenance of applicant’s township, guesthouse, hospital, horticulture in its ordinary course of business. Establishment of hospitals and maintenance thereof may be for discharging the statutory obligation […]

GST on imports received at Kolkata port by Mumbai importer port by issuing invoice from Mumbai

September 27, 2018 6153 Views 0 comment Print

In re Sonkamal Enterprises Private Limited (GST AAR Maharashtra) Whether the procedure to raise the invoice from Mumbai Head Office for imports received at Haldia Port Kolkata where we do not have any separate GST Registration and Charge IGST from Mumbai to our Customers is correct or do we have to take separate Registration in […]

GST on Supply of food in canteens of office, factory & colleges on contractual basis

September 26, 2018 34467 Views 2 comments Print

In the instant case, principal supply being supply of food i.e. outdoor catering service, and transportation is ancillary, the whole transaction attracts 18% GST being highest rate of tax compared to tax on transportation service. Therefore, the applicant needs to discharge GST on the gross amount (cost of Food + cost of Transportation ) at the rate of 18% i.e., GST rate of outdoor catering service.

No addition in Assessment U/s. 153A if No incriminating material found

September 24, 2018 3918 Views 0 comment Print

As assessment for impugned assessment year was not pending on the date of search, therefore, no addition could to be made in assessment framed under section 153A in the absence of any incriminating material found during search.

Applicability of TDS U/s. 194C on Payment made to truck owners

September 19, 2018 6090 Views 0 comment Print

ITO Vs Shri Anil Kumar Nevatia (ITAT Kolkata) The ld. DR vehemently argued that the assessee had used the same truck numbers for transporting its goods and hence explanation of the assessee that payments were made only to the truck drivers and that no oral or written contract was entered into with the truck owners […]

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