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GST on lease instalment to RIADA in respect of scheduled land/shed for a period of 30 years

September 14, 2018 789 Views 0 comment Print

In re Tangerine Skies Private Limited (GST AAR Jharkhand) The amount payable in instalment to the Ranchi Industrial Development Authority (RIADA) on lease in respect of the scheduled land/ shed for a period of 30 years from the date of allotment after getting the allotment letter does not come under the category of upfront payment. […]

Disallowance U/s. 40(a)(ia) for income assessed as Income from other sources

September 13, 2018 3240 Views 0 comment Print

Shri Digamber Jain Bees Panthi Ajmeri Amnay Panchayat Bada Dhada Vs ITO (ITAT Jaipur) When the income of the assessee has been assessed under the head ‘Income from other sources’ and there is no provision U/s 56 to 58 of the Act to make a disallowance U/s 40(a)(ia) of the Act prior to the amendment […]

Finality of litigation cannot be on the basis of fraud as fraud virates all acts

September 12, 2018 1539 Views 0 comment Print

When fraud is played, which is apparently prima facie apparent from the records, then the finality of a decree cannot be allowed to precipitate. The said principle is fortified by the Supreme Court in {(2007) 7 SCC 482}.

GST on Pollution control device for use in waste to energy plants/devices

September 11, 2018 9552 Views 0 comment Print

Pollution control device being supplied by the applicant for use in ‘waste to energy plants/devices’ are classifiable under chapter heading 8421 of the first schedule to the Customs Tariff Act, 1975 and are covered by Sr. No. 234 of schedule I of Notification No.01/2017-Central Tax (Rate) dt.28.06.2017 & Notification No.35/ST-2 dt.30.06.2017, chargeable to CGST @2.5% and SGST @ 2.5%.

Input Tax Credit not admissible in respect of GST paid for hotel stay

September 7, 2018 98724 Views 1 comment Print

In re Posco India Pune Processing Center Private Limited (GST AAR Maharastra) Q.1. Whether Input Tax Credit is admissible in respect of GST paid for hotel stay in case of rent free hotel accommodation provided to General Manager and Managing Director of the company? Answer:- Answered in the negative. Q 2. Whether invoice for quality claim […]

Lions clubs not required to register under GST: AAR

August 28, 2018 8463 Views 2 comments Print

In re Lions Club of Poona Kothrud (GST AAR Maharastra) Question :- Since the amount collected by individual Lions clubs and Lions District is for convenience of Lion members and pooled together only for paying Meeting expenses & communication expenses and the same is deposited in single bank account. As there is no furtherance of […]

No GST on Reimbursement of salary on behalf of foreign entity

August 24, 2018 5412 Views 0 comment Print

Whether GST is applicable on Reimbursement of salary on behalf of foreign entity? Applicant will not be liable to pay GST on Salary amount received from RMS and disbursed to the Crew.

Mere omission to fulfill tax liability not amounts to fraud or misrepresentation

August 24, 2018 2076 Views 0 comment Print

Commissioner of Central Tax GST Vs Team HR Services Ltd. (Delhi High Court) The mere advertence to the possibility of service tax – without any material or evidence – or even a finding that such service tax had been collected by the assessee during the past, cannot per se amount to a conclusion that it […]

Supply of photography service is liable to GST

August 20, 2018 7893 Views 1 comment Print

In re Segoma Imaging Technologies India Private Limited (GST AAR Maharastra) Question 1. – Whether the supply of photography service is liable to SGST under the Maharashtra Goods and Service Tax Act, 2017 (MGST Act, 2017) and CGST under Central Goods and Service Tax Act, 2017 (CGST Act) or IGST under Integrated Goods and Service […]

GST on Transfer of capital goods by a job-worker to another job-worker which were originally received pre-GST Regime

August 14, 2018 3681 Views 0 comment Print

The basic issue before us is whether on transfer of Machines & moulds (being capital goods), from the premises of the job-worker to another job-worker, which were originally received by said job-worker under the erstwhile Central Excise Act, 1944 will constitute as supply under GST.

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