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‘Militry Malai Mithai’ is ‘Sweetmeat’; 5% GST applicable: MP AAR

September 18, 2018 4068 Views 0 comment Print

In re M/s. Italian Edibles Private Limited (GST AAR Madhya Pradesh) product in question i.e. ‘Militry Malai Mithai’ is a product made out of Skimmed Milk Powder, Sugar & Whey Powder as main ingredients with Emulsifiers etc. put up in small sachet/pouch in semi-liquid (paste) consistency, ready for consumption. The product cannot be termed as Dairy Product or […]

Renting of workwear qualify as transfer of right to use of goods

September 15, 2018 1623 Views 0 comment Print

The supply of renting of workwear along with other services such as transportation, weekly washing etc. for a single consideration is a mixed supply under section 2 (74) of CGST Act.

Addition U/s 68 justified on failure to substantiate gift with supportive evidences

September 14, 2018 1104 Views 0 comment Print

Income from undisclosed sources–Addition under section 68–No documentary evidences- As assessee failed to substantiate gift transaction with supportive evidences, AO was justified in making addition under section 68.

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

September 14, 2018 948 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 3357 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 1701 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 10668 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 102348 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 9186 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 5706 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.

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