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ITC on Hotel Construction- AAR allows withdraw of application

November 26, 2019 8016 Views 0 comment Print

In re Geetastar Resorts Pvt. Ltd. (GST AAR Rajasthan) Whether Input Tax Credit on goods and services used in construction of hotel will be available to the applicant engaged in providing taxable services of hotel accomodation and related services? Since the applicant has withdrawn the application, therefore, no ruling is given. FULL TEXT OF ORDER […]

Ancillary Services to tour operators are ‘Support Services’- 18% GST

November 26, 2019 2760 Views 0 comment Print

The services provided by the supplier are not in the nature of services provided by Tour Operator, the said supply of services cannot be classified under SAC 9985(i) of Notification No. 11/2017 Central Tax (Rate) dated 28.06.2017.

Advocate cannot be prosecuted For Criminal Offences For Not Exhibiting Greater Professional Care

November 26, 2019 5994 Views 0 comment Print

Subha Jakkanwar vs State of Chhattisgarh (High Court Chhattisgrh) An Advocate cannot be prosecuted for criminal offences for non-­exhibiting greater professional care and competence while submitting non­-encumbrance certificate to a Bank. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT 1. The short question that emanates for consideration is, whether an Advocate acting professionally and in […]

SVLDRS 2019- Govt accepts only 2828 application till 18.11.2019

November 25, 2019 1212 Views 1 comment Print

The main components of Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 are dispute resolution and amnesty. The number of applications received from taxpayers, including small taxpayers, and disputes resolved as on 18.11.2019 are as under:

GST – Inspection, search and seizure-Power of Police authorities

November 25, 2019 2652 Views 0 comment Print

We are of the view that if the authorities under the AGST Act of the State of Assam are of the view that the appellants are required to be proceeded with or prosecuted under the AGST Act, it would be appropriate to invoke the provisions of section 67 of the AGST Act and proceed accordingly.

HC ask govt to provide status on Constitution of GSTAT & Benches

November 25, 2019 1329 Views 0 comment Print

On 02.05.2019, this Court directed that the respondents shall not, without prior intimation to this Court, proceed to appoint persons to the GST Appellate Tribunal till the next date. The interim order was made absolute till the disposal of the writ petition on 26.07.2019.

No ITC on construction of an immovable property on own account

November 25, 2019 5544 Views 0 comment Print

In Sree Varalakshmi Mahaal LLP (GST AAR Tamil Nadu) Section 17(5) (d) provides that no ITC is available in respect of any goods or services received by a taxable person for construction of an immovable property on his own account even if such inputs and input services are used in the course and furtherance of […]

GST Tax liability on medicines supplied to in-patients through pharmacy

November 25, 2019 5184 Views 0 comment Print

In re CMC Vellore Association (GST AAR Tamil Nadu) 1. Tax liability on medicines supplied to in-patients through pharmacy Medicines, drugs, stents, consumables and implants used in the course of providing health care services to in-patients admitted to the hospital for diagnosis, or medical treatment or procedures is a composite supply of In Patient Healthcare […]

GST on construction of building for Govt entity for accommodating SMEs & Startups

November 25, 2019 1893 Views 0 comment Print

In re KPC Projects Limited (GST AAR Andhra Padesh) Applicability of GST Rate for construction of Millennium tower at Madhurawada, Visakhapatnam for information Technology and Communication Department, Government of Andhra Pradesh and through Nodal Agency APIIC. Clarification is requested for the applicable Rate of GST under works contract service? The activity of the applicant under […]

Service Tax not payable on Recovery of Salary Paid Earlier

November 25, 2019 2481 Views 0 comment Print

From the record, we note that the term of contract between the appellant and his employee are that employee shall be paid salary and the term of employment is a fixed term and if the employee leaves the job before the term is over then certain amount already paid as salary is recovered by the appellant from his employee. This part of the recovery is treated by Revenue as consideration for charging service tax.

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