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Ca Mayank Garg

Latest Posts by Ca Mayank Garg

GST on Ocean freight- ‘Lack of legislative power’

May 13, 2020 2364 Views 0 comment Print

This is in reference to recent Gujarat High Court ruling in the number of writ petitions filed before the court on the issue related to ocean freight under GST under reverse charge mechanism.  The lead petition has been taken into consideration i.e. Mohit Minerals Pvt Ltd vs UOI. “No tax is leviable under IGST Act […]

TRAN-1 | Vested right cannot be taken away on directory provisions

May 8, 2020 1974 Views 0 comment Print

This is in reference to recent Delhi High Court ruling in the writ petitions filed before the court on the issue related to filing issues of Form Tran-1 by various petitioners. The below petitions covered in the said ruling are as follows:- √ Brand Equity Treaties Ltd   (WP (C) No.11040/2018) √ Mircromax Informatics Ltd (WP […]

Sale in transit – No concept of constructive delivery

May 6, 2020 2064 Views 0 comment Print

There is no concept of constructive delivery either express or implied in section 3 of Central Sales Tax Act”. Hence, benefit cannot be denied under section 6(2) of the Central Sales Tax basis departmental circulars

Valuation of Taxable services|Service Tax |Bhayana Builders Case Analysis

May 4, 2019 4926 Views 0 comment Print

This is with reference to the judgment pronounced by Honorable Supreme Court of India in case of Commissioner of Service Tax vs. Bhayana Builders P Ltd dated 19th February 2019 whereby the apex court has considered/analyzed the arguments given the Revenue legal counsel on the aspect of valuation of taxable services under Service Tax where […]

“Waste to Energy plant”-Triveni Turbines (AAAR Karnataka)

May 3, 2019 1077 Views 0 comment Print

This is with reference to the decision of AAAR (Karnataka) in case of M/s Triveni Turbines Ltd dated 03rd April 2019 whereby the appellate authority for Advance ruling had set aside the order of AAR and held that the ‘Waste to energy plants’ are to be taxed @ 5% under Sr.No 234 of Notification No. 01/2017-IGST rate dated 28th June 2017.

Detention of Imported Goods- “E-Way Bill non-compliance”

April 29, 2019 2883 Views 1 comment Print

This is with reference to the judgement of Ahmedabad High Court in case of M/s NEUVERA WELLNESS VENTURES PVT LTD dated 18-04-2019 whereby the court had given judgment basis the findings in the order passed without any reason assigned to it while issuing order. Hence, the order issued was not a speaking order and the […]

Salary reimbursement not taxable “Manpower recruitment”

April 27, 2019 6324 Views 2 comments Print

This is with reference to Supreme Court judgement dated 11-04-2019 in case of Nissin Brake India Pvt. Ltd where the transaction between  the Indian entity and parent company with respect to deputation of its employees in India was discussed and the decision pronounced by the CESTAT (Delhi) was upheld by the apex court. Facts of […]

Interest under GST -“Gross Tax Liability”

April 27, 2019 6327 Views 0 comment Print

This is with reference to judgment of Hon’ble Telangana High Court in the case of M/s. Megha Engineering & Infrastructures Ltd. v. Comm. of Central Tax, wherein, the petitioner filed a writ petition against the demand of interest for delay in filing GSTR 3B returns, on the ground that interest is to be calculated only on the ‘net […]

“Composite Supply”- Reimbursement of actual expenses “E-Square Leisure AAR”

April 27, 2019 4242 Views 0 comment Print

-Whether GST is to be levied on reimbursement of expenses from the lessee by the lessor at actuals- In case GST is to be levied, what would be the applicable rate of GST- Whether reimbursement of expenses by Applicant can qualify as expenses incurred as a ‘Pure Agent’ and would not be considered in the value of supply for levy of tax

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