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NABARD Consultancy Services withdraw Advance Ruling Application

April 25, 2023 630 Views 0 comment Print

Read about the withdrawal of the Advance Ruling Application by NABARD Consultancy Services Private Limited in GST AAR Rajasthan. Understand the implications of the withdrawal and the absence of a ruling in this case.

No GST on Composite Supply of Medicines & Procedures for Inpatients in Hospitals

April 25, 2023 1290 Views 0 comment Print

In re Innovations Medi research Private Limited (AAR Rajasthan) AAR Rajasthan addresses two key questions regarding the composite supply of medicines and procedures for inpatients in hospitals. Firstly, it determines whether such supply qualifies as a composite supply. The ruling confirms that it does, considering the nature of various services bundled in the ordinary course […]

GST Payable on treatment of patients suffering from substance use disorder

April 25, 2023 1356 Views 0 comment Print

AAR held that substance use disorder (SUD) is out of ambit of health care services and supply of services by treatment of patients suffering from SUD as out-patient don’t fall under the definition of health care services so not exempt under entry 74(a) of notification no. 12/2017 CGST Rate dated 28-06-2017.

Income Tax Notices Issued on Non-Existing Company quashed

April 19, 2023 813 Views 0 comment Print

Impugned notice is quashed as it was issued in the name of non-existing company in spite of revenue having notice & knowledge of non-existence of such Company.

GST Registration cancellation- HC refers matter back to primary authority

April 19, 2023 159 Views 0 comment Print

Y Screens Entertainment (India) Ltd Vs Government of AP (Andhra Pradesh HC) Issue- 3rd respondent cancelled the GST Registration of the petitioner for non filing of returns for a period of six months.  Aggrieved thereby, the petitioner filed appeal before the 2nd respondent and vide order in Special Appeal  which was dismissed on the ground that […]

Documentation services not liable to Service tax prior to 1st May, 2006

April 19, 2023 474 Views 0 comment Print

Demand on documentation services raised under Steamer Agent Services, in fact, it is Business Support Services, which came into effect from 01.05.2006, Therefore, documentation services are not liable to service tax prior to 1st May, 2006.

Abating for fraudulent availment of Cenvat credit – CESTAT sustain penalty

April 18, 2023 312 Views 0 comment Print

Banas Enterprises Vs C.C.E & S.T. Daman (CESTAT Ahmedabad) CESTAT  find that there is no dispute about the fraudulent availment of Cenvat Credit by M/s. Tarun Polymers, Daman, who has wrongly availed the Cenvat Credit of huge amount of 29170642/-. In order to avail this fraudulent Cenvat credit by M/s. Tarun Polymers, Daman, all buyers […]

HC quashes perverse Section 148A(d) order as passed without application of mind

April 18, 2023 2544 Views 0 comment Print

Order under Section 148A(d) appears from record, is perverse and is in total non-application of mind and is liable to be quashed.

Reimbursement of cost received by assessee, cannot be treated as FTS

April 18, 2023 801 Views 0 comment Print

Shangri-La International Hotel Management Pte Vs ACIT (ITAT Delhi) The next common issue arising for consideration is taxability of reimbursement of expenses as FTS both under the provisions of the Act as well as India-Singapore DTAA. As could be seen from the draft assessment order, alleging that the assessee did not provide the break up […]

Service Tax Commissioner (Appeal) cannot go beyond Scope of SCN

April 18, 2023 1902 Views 0 comment Print

Uniform Enterprise Vs C.C.E. & S.T. – Daman (CESTAT Ahmedabad) CESTAT find that show cause notice was issued demanding service tax under the head of Industrial or Commercial Construction Service and in the adjudication order also the service tax demand was confirmed under the same heading. However, the learned Commissioner (Appeals) travelling beyond the show […]

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