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GST on used/second hand gold jewellery or ornaments- No Ruling by AAR due to lack of details

March 31, 2022 3825 Views 0 comment Print

In Re Best Money Gold Jewellery Limited (GST AAR Tamilnadu) Q. In case the applicant has purchased used/second hand gold jewellery or ornaments from persons who are not registered under GST and that at the time of sale of such goods there is no change in the form/nature of such goods and ITC will also […]

GST on payment of road tax/registration fees, insurance premium in the course of Leasing of vehicle

March 31, 2022 23859 Views 0 comment Print

In re Sundaram Finance Limited (GST AAR Tamilnadu) Q1. Whether the portion of the certain additional services viz., payment of road tax/registration fees, insurance premium, etc., rendered by the applicant in the course of its Leasing of the vehicle/s to the Lessee falls under the category of services of a pure agent? A1. The portion […]

AAR has no jurisdiction to admit questions relating to refund of tax

March 31, 2022 1014 Views 0 comment Print

In re Sivanthi Joe Coirs (GST AAR Tamilnadu) it is seen that the question in respect of applicability of a notification issued under the provisions of the Act is covered under the ambit of this authority. In the case at hand, the applicant has stated that the question pertain to the applicability of Notification No. […]

ITC on Works Contract’ of Construction of ‘Integrated Factory Premises’

March 31, 2022 4356 Views 0 comment Print

In re Coral Manufacturing Works India Private Limited (GST AAR Tamilnadu) The applicant claims the Input Tax Credit of the GST paid on the Steel, cement and other consumables used in proportion to the additional reinforcements. From the submissions, it is seen that the applicant has procured composite supply of works contract of increased foundation […]

HC on allowing to work from after availing maternity benefit

March 31, 2022 1194 Views 0 comment Print

High Court held that Work from home after availing the maternity benefit could be given only in case where the nature of work assigned to the woman is such that it is possible for her to work from home.

Procedure for claiming reimbursement of SGST on movie ‘The Kashmir Files’

March 30, 2022 3360 Views 0 comment Print

The Exhibitor shall claim reimbursement of SGST paid on monthly basis by filing Application, manually, in Annexure-A to the Proper Officer (LGSTO / SGSTO having geographical jurisdiction) irrespective of the fact whether the Exhibitor falls in the Central or State jurisdiction. This application shall be filed within ten days from the due date of filing monthly tax return.

GST registration cannot be cancelled for inadvertent mistake by CA

March 30, 2022 11805 Views 0 comment Print

Dilipkumar Chandulal Vs State Of Gujarat (Gujarat High Court) It was an inadvertent mistake committed by the Chartered Accountant which led to cancellation of the registration number of the proprietary ship. We are of the view that the respondent No.2 should immediately look into the matter and see to it that the order cancelling the […]

Forfeited Gratuity cannot exceed the Loss amount in case of termination of employee for causing loss to Employer’s Property

March 30, 2022 9462 Views 0 comment Print

Union Bank Of India Vs Sh D.C. Chaturvedi (Delhi High Court) Section 4(6)(a) of the Act, however, provides that the gratuity of an employee, whose services may have been terminated for the reasons as specified therein, can be forfeited to the extent of damage or loss so caused. The relevant provision reads as under: “(6) […]

HC imposes cost on AO for blatant breach of principles of natural justice

March 30, 2022 2790 Views 0 comment Print

Goregaon Sports Club Vs ACIT (Bombay High Court) It is one of those blatant cases of breach of principles of natural justice and total non application of mind. In the assessment order, the Assessing Officer is referring to a show cause notice dated 12th April 2021 by which the DAO proposed modification in returned income […]

HC order lifting of Blockage of Electronic Credit Ledger after one year of blockage

March 29, 2022 441 Views 0 comment Print

Jai Venktesh Concast Pvt. Ltd. Vs Assistant Commissioner of State Tax (Calcutta High Court) In this matter, petitioner has challenged the impugned action of the respondents blocking credit ledger of the petitioner by order dated 24th November, 2020. Learned advocate appearing for the petitioner submits that in view of Rule 86A(3) of the West Bengal […]

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