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GST on Supply of functional Cattle Feed Plant with Erection, Installation & Commissioning

March 14, 2022 4896 Views 0 comment Print

In re IDMC Ltd. (GST AAR Gujarat) 1. Whether contract involving supply of equipment / machinery & erection, installation & commissioning services without civil work thereof would be contemplated as composite supply of cattle feed plant under GST regime? If the supplies would qualify as composite supply, what would be the classification of this bundle […]

AAR cannot give ruling on question unrelated to supply of goods or services

March 14, 2022 1194 Views 0 comment Print

In re Granules USA Inc (GST AAR Telangana) It is to inform that Section 96 of the CGST & SGST Acts clearly state territorial nexus of an Advance Ruling authority so that an authority for Advance Ruling shall function as such an Authority for Advance ruling for that State or Union Territory in which it […]

GST exempt on Supply of services to State educational boards related to conduct of exam

March 14, 2022 4020 Views 0 comment Print

In re Data Processing Forms Pvt. Ltd. (GST AAR Gujarat) A. Whether from the facts and circumstances of the case, supplies made by the applicant to the Examination Boards and Educational Institution are entitled for exemption from payment of Good and Service Tax under Sr. No. 66, Heading No. 9992 (education Services) of the exemption […]

GST on fee for entry into Brindavan Gardens – AAR rejects Application

March 14, 2022 2823 Views 0 comment Print

In re Cauvery Neeravari Nigama Limited (GST AAR Karnataka) The issue before us is the admissibility / maintainability of the instant application and the said admissibility is governed by the first proviso to Section 98(2) of the CGST Act, 2017, which reads as under: The Authority shall not admit the application where the question raised […]

GST on Agreement Value or on Stamp Duty value

March 14, 2022 34287 Views 1 comment Print

In re Pankaj Enterprises (GST AAR Karnataka) The applicant has sought clarification about determination of taxable value of commercial immovable property for the purpose of GST liability i.e whether the sale consideration mentioned in the sale deed between builder and proposed purchaser or guidance value fixed by the state government authorities for the purpose of […]

Prasar Bharati Cannot Retain Service Tax Collected From Customers when no tax was actually chargeable

March 14, 2022 2175 Views 0 comment Print

Prasar Bharati (Broadcasting Corporation of India) Vs Commissioner of Service Tax Delhi (CESTAT Delhi) In the present case, it is true that no service tax was chargeable on the activity of the appellant, viz., carrying the advertisements in its broadcast and telecast. Therefore, the Government cannot collect service tax. It is also true that Section […]

Refund short allowed – CESTAT Directs dept to consider inadvertent error of Appellant

March 14, 2022 723 Views 0 comment Print

Tata Consumer Products Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore)  From a perusal of the impugned Order-in-Appeal, I find that though the appellate authority has taken note of the claim of the appellant as regards the inadvertent/clerical error, but has not accepted on the ground that the same was not brought to the notice […]

No penalty for import of drugs and cosmetics if competent authority issued NOC for release goods after inspection

March 14, 2022 2601 Views 0 comment Print

Beverly Hills Marketing Pvt. Ltd. Vs Commissioner of Customs (CESTAT Delhi) After considering written submission of the appellant, the Adjudicating Authority vide impugned order has held that the appellant had attempted to clear goods imported vide Bill of Entry No. 6374054 dt. 14.05.2018 through non-notified ICD/ Port in violations of the provisions contained in Rule […]

Expense on Pen drives, laptop adapters, batteries & hard disk are revenue expenditure

March 14, 2022 24906 Views 0 comment Print

DCIT Vs Tata AIG General Insurance Co. Ltd. (ITAT Mumbai) The facts clearly shows that the assessee has incurred an expenditure of ₹29,46,886/- on non EDP and EDP equipments under IT expenses. This expenditure is related to purchase of Pen drives, laptop adapters, batteries and hard disk, etc. The learned Assessing Officer made the disallowance […]

Section 43B- No deduction for Deposit In ‘No-Lien/Escrow Account’

March 14, 2022 2283 Views 0 comment Print

Indian Metal and Ferro Alloys Ltd Vs CIT (Orissa High Court) The purpose of Section 43B of the Act was to ensure that a liability could be claimed as deduction only if the Assessee has actually parted with the sum without any recourse to it thereafter. In the present case, the interim stay granted in […]

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