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No GST on sale of goods from outside India to a place outside India

July 9, 2018 20277 Views 0 comment Print

In re INA Bearing India Private Limited (GST AAR Maharashtra) Whether the sale of goods, which are located outside India, would be liable to tax in India under section 7(5) (a) of Integrated Goods and Services Tax Act, 2017? There is no doubt that the goods of the applicant would be imported goods if they […]

GST on merger of proprietorship firm as a going concern with a private limited company

June 29, 2018 15906 Views 1 comment Print

In re M/s B. M. Industries (GST AAR Haryana) The applicant, on merger of his proprietorship firm as a going concern with a private limited company, is not liable to pay tax under CGST/SGST Act on the fixed assets and currents assets including stocks of raw material, semi-finished and finished goods. The input tax credit […]

AAR cannot decide eligibility to claim Transitional Input Tax credit

June 26, 2018 1719 Views 0 comment Print

In re NSL Mining Resources India Private Limited (GST AAR Andhra Pradesh)  1) Whether Excise duty , CVD and SAD paid on Capital Goods purchased prior to July 1st July 2017 on which CENVAT credit has not been claimed earlier, can be claimed U/s 140(2) of the CGST Act, 2017 in the absence of registration […]

Return filed in response to notice U/s. 153A(1)(a) eligible for Section 139(3) benefits

June 25, 2018 12327 Views 0 comment Print

Where no return was filed by assessee within statutory mandated time and the obligation to file any return remains suspended till such time that a notice was issued for such purpose under section 153A(1)(a), such return would be deemed to have been filed within the time permitted under section 139(1) and benefit under section 139(3) could be availed of by assessee.

Seizure order of the goods in transit under GST, whether an appealable order

June 8, 2018 1761 Views 0 comment Print

Gati-Kintetsu Express (P) Ltd. Vs Asstt. CST (Calcutta High Court) Section 121 is an exception to section 107 of the Act of 2017. While Section 107 of the Act of 2017 makes every decision or order passed under the Act of 2017 to be appealable, section 121 makes an exception thereto and states that, few […]

Energy-G Premium oil classifiable under HSN 1518; 5% GST Payable

June 8, 2018 2658 Views 0 comment Print

In re Agarwal Industries Private Limited (GST AAR Andhra Pradesh) Energy-G premium oil is manufactured out of Vegetable fats / oils and not from animal fats / oils. That being so the classification of product is HSN 1518 and shall be subject to 5% GST as per Schedule I of Notification 1/2017-C.T (Rate) dated 28.06.2017 […]

ITC not eligible on vehicles purchased to use as mobile cotton labs

June 8, 2018 2337 Views 1 comment Print

In re Indian Cotton Solutions.Com Private Limited (GST AAR Andhra Pradesh) Whether they can utilize /refund the ITC which is readily available in GST Portal, for the vehicles purchased by them for the purpose of their core business activity? It is submitted that the firm purchased five vehicles to use as mobile cotton labs, for […]

GST on sale of tobacco leaves received from farmers made by Commission Agent

June 8, 2018 5274 Views 0 comment Print

In re Jayalakshmi Tobacco Company (GST AAR Andhra Pradesh) Q1. Will GST be applicable on sale of tobacco leaves received from farmers made by Commission Agent in an auction and his turnover is less than Rs.20 Lakh? As per entry No:24 Notification No: 11/2017- Central Tax(Rate) dated : 28.06.2017, Commission agent dealing with agricultural produce […]

No TDS default if recipient paid tax on income

May 30, 2018 9954 Views 0 comment Print

ACIT Vs Chaitanya Educational Trust (ITAT Hyderabad) Since the assessee has filed the certificates of the recipients with proof that the recipients have offered the income to tax in their hands, the assessee shall not be treated as an assessee in default u/s 201(1) of the Act. FULL TEXT OF THE ITAT JUDGMENT All are […]

GST on marine propellers, rudder set, stern tube set, propeller/M.S. shaft

May 29, 2018 1068 Views 0 comment Print

In re Dharsak. V.P. Saraswathi Metal Industries (GST AAR Kerala) Commodities such as marine propellers, rudder set, stern tube set, propeller shaft and M.S. Shaft for couplings used as a part of fishing / floating vessels would come under the Entry 252 of Schedule 1 of Notification No. 01/2017 Central Tax (Rate) dated 28.06.2017 and […]

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