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HC order release of Goods and Vehicle detained for Alleged mismatch

December 18, 2020 1512 Views 0 comment Print

It appears that while generating the e-way bill, the option of bill to ship to was selected which is even reflected in the e-way bill. It has been specifically mentioned in the e-way bill that the goods have been dispatched from Jalna, State of Maharashtra.

GST on supplies on contracts : No ruling as copy of contracts not furnished

December 18, 2020 714 Views 0 comment Print

In re Madhya Pradesh Power Generating Company Limited (GST AAR Madhya Pradesh) In respect of first question, regarding classification of supply in Entry No. 6 of Schedule II to the GST Act we are unable to answer the question on account of insufficient information provided by the applicant. Further in respect of first question, regarding […]

No willful omission or negligence – ITAT condones delay of 738 days

November 20, 2020 1395 Views 0 comment Print

Ryatara Seva Sahakari Sangha Niyamita Vs ITO (ITAT Bangalore) The assessee did not file an appeal before the first appellate authority within the time limit prescribed, on the bonafide belief that the demand that has arisen on account of disallowance of claim u/s 80P of the I.T.Act would not be enforced and shall be kept […]

‘Healthcare services’ classifiable under service code 9993

October 15, 2020 6753 Views 0 comment Print

In re Shubham Sarvam Medical Projects LLP (GST AAR Uttarakhand) On perusal of aforesaid legal provisions , we find that all the healthcare services by a clinical establishment or authorized medical practitioner or para medics by way of diagnosis or treatment or care for illness, injury, deformity, abnormality or pregnancy and services by way of […]

Section 74 – Prior payment of tax before issue of Show cause notice – Payment of Interest and Penalty

October 12, 2020 165 Views 0 comment Print

Malayalam Motors Pvt. Ltd Vs Assistant State Tax Officer (Kerala High Court) Facts of the case: The petitioner is a private limited company engaged in the business of automobile sales. The Company filed GSTR-1 returns for the months of February 2020 to May 2020, due to the Covid pandemic, could not generate funds to make […]

Concessional GST rate of 12% applicable on Laboratory Reagents

September 30, 2020 2211 Views 0 comment Print

In re Imperial Life Sciences Pvt. Ltd (GST AAAR Haryana) In view of the discussions and findings and the CBIC’s Circular No. 163/19/2021-GST dated 6th October 2021, issued under F.No. 190354/ 206/2021-TRU, AAAR hold that concessional GST rate of 12% is applicable on all goods falling under heading 3822, vide Entry at S.No. 80 of […]

ITC not eligible on services for construction of covered logistics facility space

September 30, 2020 1860 Views 0 comment Print

Whether Input Tax Credit of GST in respect of inputs in form of goods and services be eligible if the goods and services are consumed and used in construction of covered logistic facility space when the said Input Tax Credit would be utilized in order to discharge and pay CGST and HGST/IGST on rent received from tenants of the warehouse.

Service by way of grant of mining rights by State Govt classifiable under heading 997337

September 30, 2020 1752 Views 0 comment Print

AAAR held that service by way of grant of mining rights by the State Government is classifiable under heading 997337 and is covered by serial number 17 of notification number 11/2017 Central/State Tax (Rate), dated 28.06.2017, and the said service is taxable at the rate of 18% (9% CGST + 9% SGST) during the period 01.07.2017 to 31.12.2018; Post 1st January, 2019 no dispute remains, it is taxable at the rate of 18% (9% CGST + 9% SGST) as stated above

GST on PLS collected along with consideration for sale of properties

September 28, 2020 1407 Views 0 comment Print

In re DLF Limited (GST AAAR Haryana) Q1. Whether PLS collected along with consideration for sale of properties attracts GST rate of 12% or 18% where sale/transfer of constructed property has taken place before issuance of completion/Occupation certificate (CC/OC)? A1. PLS collected along with consideration for sale of properties attracts GST rate of 18% where […]

ITC not eligible on Business Promotion expenses for personal consumption

September 25, 2020 42378 Views 0 comment Print

In re Musashi Auto Parts India Private Limited (GST AAAR Haryana) The Appellant has claimed that the gift items have been used in ‘Business Promotion’ viz. the furtherance of business and credit is admissible in terms of Section 16 of the CGST/SGST Acts. ITC cannot be taken by a taxable person on the items i.e. […]

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