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GST on parts of fishing or floating vessels, Marine propellers etc.

October 20, 2018 3336 Views 0 comment Print

In re M/s. Saraswathi Metal Works (GST AAR Kerala) i) The tax rate of Marine propellers, Rudder set, Stern tube set, Propellers shaft, MS shaft for couplings used as part of fishing vessels, factory ships and other vessels for processing or preserving fishery products are taxable @5% GST. ii) All parts of fishing / floating […]

No GST on medicines, consumables etc provided during treatment

October 20, 2018 5901 Views 0 comment Print

In re M/s. KIMS Health Care Management Ltd (GST AAR Kerala) The supply of medicines, consumables and implants used in the course of providing health care services for diagnosis or treatment is exempted under the category ‘Health Care Services’. (GST AAR Kerala) The supply of medicines, consumables and implants used in the course of providing […]

File tax appeals before the bench allotted to district where dispute arose

October 19, 2018 726 Views 0 comment Print

Dixons Cargo Consolidators Pvt. Ltd. Vs Commissioner Of Customs (High Court Bombay) The impugned orders passed by the Tribunal in excise appeals before us relate to and arise out of disputes relating to manufacture of excisable goods which have taken place at Nagpur. Therefore, the Excise Appeal Nos. 28 of 2017 and 105 of 2017 before […]

Bike Locks of motorized Bicycle classifiable under Chapter Heading 8714

October 16, 2018 1500 Views 0 comment Print

In re Sudhanshu Garg (GST AAR Uttar Pradesh)  Whether ‘Bike Locks’ used for motorized Bicycle are classified and taxable under HS-8714 (Parts and Accessories of Bicycle & other Cycle). The product ‘cycle locks’ is classifiable under Chapter Heading 8714 of the Customs Tariff Act, 1975 and Goods and Services Tax rate applicable to Chapter Heading […]

GST on consultancy services in work contract nature to MCGM for textile museum establishment

October 12, 2018 4314 Views 0 comment Print

In re Sir J.J. College of Architecture Consultancy Cell (GST AAR Maharashtra) GST payable on the consultancy services rendered to Municipal Corporation of Grater Mumbai for an upcoming project of establishment & development of textile museum in Mumbai. Architecture Consultancy Cell of the applicant college has entered in to an agreement with the Municipal Corporation […]

Appeal against Order passed under repealed U.P. Entertainment and Betting Tax Act, 1979: Approach appropriate authority- HC

October 10, 2018 912 Views 0 comment Print

Rajesh Sharma Vs State of U.P. & Anr. (Allahabad High Court) In this case The petitioiner was aggreived by an order passed by the District Magistrate under the U.P. Entertainment and Betting Tax Act, 1979, which has been repealed by the GST Act on 1-7-2017. Hon’ble High Court    directed peitioner to approach the appropriate authorty […]

HC order release of perishable goods on furnishing of bank guarantee

October 5, 2018 1338 Views 0 comment Print

There is merit in the argument of the learned Counsel for the appellant that since the goods confiscated are cumin seed (Zeera) and fennel seed (Saunf) which are perishable in nature as also the vehicle, they need to be released forthwith.

Karnataka Goods And Services Tax (Amendment) Ordinance, 2018

September 29, 2018 1980 Views 0 comment Print

1) This Ordinance may be called the Karnataka Goods and Services Tax (Amendment) Ordinance, 2018. (2) Save as otherwise provided, the provisions of this Ordinance shall come into force on such date as the Government may, by notification in the Official Gazette, appoint:

Tax payable on Capital Gain if Possession handed over despite subsequent agreement cancellation

September 24, 2018 4467 Views 0 comment Print

CIT Vs Harbour View (Kerala High Court) We find that the Tribunal went wrong in holding that the possession was not handed over in pursuance of the agreement for sale as contemplated under section 53A of the TP Act. Once the sale agreement comes under the provisions of section 53A of the TP Act, handing […]

AAR cannot explain Legal procedure for cancellation of flat

September 24, 2018 5946 Views 1 comment Print

In re Kolte Patil Developers Ltd (GST AAR Maharashtra) Applicant asked ‘What is the legal procedure for cancellation of flat which is booked in pre-GST Regime and cancelled in post-GST Regime. Also, GST liability in cases where some small amount is retained, for cancellation (after discussion with customer).’ AAR held that  questions posed before us […]

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