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NID is a Government Authority & liable to register as GST deductor

January 20, 2021 1014 Views 0 comment Print

Since it has been established from the discussions hereinabove, that NID has been formed by an Act of Parliament, the applicant will have to register themselves as a tax deductor under the provisions of Section 24 of the CGST Act, 2017 read with Section 51 of the Act, if they fulfil the condition of ‘fifty-one percent, or more participation of Government by way of equity or control, to carry out any function’.

Classification of ‘Flavored Milk’ sold under trade name of Power Sip

January 20, 2021 1806 Views 0 comment Print

In re Vadilal Industries Ltd. (GST AAR Gujarat) Question: What would be the classification of ‘Flavored Milk’ sold under trade name of Power Sip? Answer: ‘Flavoured milk’ is classifiable under Tariff Item 2202 99 30 of the First Schedule to the Customs Tariff Act, 1975 as a ‘beverage containing milk’. Also Read AAAR Order: ‘Power Sip’ […]

Capital Subsidy for Public Street Lighting System includible in Transaction Value for GST

January 20, 2021 609 Views 0 comment Print

In re Pinnacles Lighting Project Private Limited Question No. 1 Whether in facts and circumstances of the case, the activities of supply installation, operation and maintenance of Greenfield Public Street Lighting System (GPSLS) carried out by the Applicant is classifiable as a supply of Works Contract Services? Answer: – Answered in the negative. Question No.2 […]

GST on Solar DC Cables- No Decision by AAR due to non-submission of details

January 20, 2021 1434 Views 0 comment Print

In re Apar Industries Limited (GST AAR Gujarat) Question: Whether the applicability or determination of liability to pay Tax on supply of ‘Solar DC Cables’, for use as Parts in the manufacture of Solar Power Generating System at 5% GST rate is legally correct and in order in terms of Schedule-I of Notification No.01 / […]

Interest on loan taken to repay old loan allowable if same was allowable on old loan

January 20, 2021 1704 Views 0 comment Print

Sumeru Enterprises Vs ITO (ITAT Jaipur) The Ld. CIT(A) has ascertained the factual aspect that this is not a closure of business but temporary discontinuance of business. We further noted that in earlier years the interest expenditure claimed by assessee were allowed by the department itself. However, in the year under consideration the same was […]

SEBI: Relaxations relating to procedural matters –Issues & Listing

January 19, 2021 1341 Views 0 comment Print

SEBI vide Circular no. SEBI/HO/CFD/DIL2/CIR/P/2020/78 dated May 6, 2020 granted one time relaxations from strict enforcement of certain Regulations of SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018, pertaining to Rights Issue opening upto July 31, 2020.

Bank Account cannot be continued to be freezed after Expiration of Limitation Period

January 19, 2021 3450 Views 0 comment Print

But the moot question raised in the writ petition is whether a provisional attachment of bank account can be continued beyond the period of one year?

Rule 138(5) not applies to goods transported from one state to another state

January 19, 2021 1785 Views 0 comment Print

UP And UP Elevators Vs State of Kerala (Kerala High Court) Undisputedly, goods which were sought to be transported from Bangalore to Cherthala came to be intercepted by the GST authorities on 15.01.2021 and at that time, the authorities found that e-way bill had expired on 14.01.2020. Therefore, goods were detained and detention order came […]

Allow ‘NIXI’ to rectify bona fide human error in Form GST TRAN-1: HC

January 19, 2021 1368 Views 0 comment Print

National Internet Exchange of India Vs Union of India & Ors. (Delhi High Court) On perusal of the record, it emerges that Petitioner has filed TRAN-1 form within the time prescribed by the Respondents under the rules. Petitioner is holding documents evidencing payment of tax by it on such inputs / input services received under […]

NO ITC on construction material to provide constructions services for furtherance of business

January 19, 2021 2853 Views 0 comment Print

In re Karthikeya Projects (GST AAR Andhra Pradesh) We find that the basic issue before us is to determine the eligibility of Input tax credit on the purchases made by the applicant on their own account for furtherance of business under the provisions of the Section 17 sub-section (5) (d) of the CGST/APGST Act, 2017. […]

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