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GST payable on reimbursement of delayed payment charges under SEBI regulation: AAR

December 14, 2018 765 Views 0 comment Print

In re SPFL Securities Ltd. (GST AAR Uttar Pradesh) Question – Taxability on delayed payment charges on reimbursement of amount by client to applicant, where client failed to pay amount paid to stock Exchanges for purchase of securities with T+1 (Trading day plus one day) under SEBI regulation norms and deducted by Stock Exchange from […]

External & Infrastructural Development Charges forms part of value of taxable supplies

November 22, 2018 4008 Views 0 comment Print

In re Ashiana Housing Ltd. (GST AAR Haryana) Q. Whether the amount of statutory charges, i.e. External Development Charges and Infrastructural Development Charges, recovered by the Applicant from buyers and paid further to respective government authorities will form part of value of taxable supplies being made by the Applicant? Ans: The clause (a) of sub-section […]

GST on licensing services for right to use ‘system’ & ‘system property’

November 19, 2018 3309 Views 0 comment Print

In re Yum Restraunts (India) Pvt. Ltd. (GST AAR Haryana) Q1. Whether the services provided under technology license agreement entered into by the applicant will qualify under service accounting code 9973 which provides for ‘temporary or permanent transfer or permitting the use of enjoyment of intellectual Property (IP) right in respect of goods other than […]

GST on services of transport of agriculture produce

October 25, 2018 4977 Views 0 comment Print

It is clarified that the benefit of nil rate is provided to only those support services to, agriculture which are specifically mentioned at Sr. No. 24 of the said notification. It does not cover the services of transport of agriculture produce and therefore the applicable SAC on such services shall be 9967 irrespective of the service being performed in relation to agricultural produce or any other goods.

GST on booking/selling of plots before completion of development work of township

October 5, 2018 3039 Views 0 comment Print

In re Informage Realty Pvt. Ltd. (GST AAR Haryana) 1. Whether GST will be applicable on the booking/selling of plots to be done by The Applicant and Land owners during the development (before completion of the development work of the township) of the township? If GST is applicable then what will be the taxable value […]

AAR cannot give ruling on how to Transfer ITC for claiming refund

September 24, 2018 564 Views 0 comment Print

In re Varun Beverages Limited (GST AAR Uttar Pradesh) How to transfer the portion of input tax credit as belonging to Sandila unit (covered by the infrastructure & industrial investment policy 2012 of the State of Uttar Pradesh for claiming refund of UP GST component paid in cash in the prescribed percentage of policy), lying […]

GST on LED based luminaire in passenger coaches of Indian Railways

September 13, 2018 786 Views 0 comment Print

In re Bitcom Technologies Pvt. Ltd. (GST AAR Uttar Pradesh) a) What is the correct classification HSN code based luminaire in passenger coaches of Indian Railways which exclusively works on electric supply of 110/127 Volts? Ans.  Correct classification of luminaire in passenger coaches of Indian Railways which exclusively works on electric supply of 110/127 Volts […]

Section 11 Set-off of excess expense against income of future AY is application of Income

August 14, 2018 1923 Views 0 comment Print

PCIT (Exemptions) Vs Green Wood High School (Karnataka High Court) Income derived from the trust property has also got to be computed on commercial principles and if commercial principles are applied, then adjustment of expenses incurred by the trust for charitable and religious purposes in the earlier years against the income earned by the trust […]

Assessee is expected to explain source for acquisition of jewellery

September 27, 2017 924 Views 0 comment Print

A. Ramalingam Vs Income Tax officer (ITAT Chennai) The exemption claimed by the assessee under CBDT circular is only for seizure of gold jewellery during the course of search operation. As rightly submitted by the Ld. Departmental Representative, it does not absolve the assessee from explaining the source for acquisition of such jewellery. Therefore, the […]

Service Tax refund cannot be denied for claim of drawback

March 21, 2017 636 Views 0 comment Print

Mittal International Vs CCE (CESTAT Chandigarh) Refund claim was denied on the ground that the said goods have been exported and drawback is allowed on the export of goods. The case of the Revenue is that as the appellants have claimed drawback on export of the goods, therefore, they are not entitled for refund claim […]

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