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Ca Om Prakash Jain

Latest Posts by Ca Om Prakash Jain

Royalty Collection Contractor – Levy of GST- Constitutional Validity of Condition in notfn 14/2018-CT(R)

January 6, 2023 7278 Views 0 comment Print

Explore the constitutional validity of conditions attached to the levy of GST on Royalty Collection Contractors. Delve into the analysis of Entry No. 65B of Notification No. 14/2018-Central Taxes (Rate) and understand the implications of the GST exemption for Excess Royalty Collection Contractors. Stay informed with insights and expert views on this matter.

GST on Royalty on Minerals excavated from Mines – Constitutional Validity

January 5, 2023 28038 Views 1 comment Print

Unraveling the complexities of GST on minerals royalty! Dive into the constitutional validity of entry No. 5 of notfn 13/2017-CT(R) and recent legal developments. Explore the impact on mining leases, the definition of supply, and the ongoing judicial scrutiny. Stay informed with expert analysis.

Delayed submission of Reconciliation Statement in GSTR-9C – Late Fee/Penalty not leviable

January 3, 2023 33459 Views 1 comment Print

Deptt. is issuing demand notices for levy of Late Fee & Penalty, where Reconciliation Statement in Form 9C is not submitted along with Annual Return GSTR-9 (submitted by due date) but submitted after the due date.

Affiliation granted for imparting education is not exempt

November 17, 2022 1326 Views 0 comment Print

Affiliation granted to colleges for imparting education is not exempt  vide entry No.66 of notfn No.12/2017-CT(R) dated 28.6.2017 and Affiliation in relation to a college is an activity to recognize such college to the privileges of the university to which the institution is affiliated.

GST on Operation & Maintenance of Mansi Wakal dam on ESCO Model

November 12, 2022 2091 Views 0 comment Print

ARA  were of the view that the activities to be undertaken by the applicant in respect of Operation & Maintenance of Mansi Wakal dam is a single supply and cannot be treated as distinct supplies.

Constitutional Validity of condition Nos. 4.3 & 4.7 of Circular No. 180/12/2022-GST

October 2, 2022 2652 Views 0 comment Print

Analyzing the Constitutional Validity of condition Nos. 4.3 and 4.7 of CBIC Circular No. 180/12/2022-GST and its impact on Transitional Credit.

Construction Services─ Validity of Deduction of 1/3rd of total consideration towards value of land

June 10, 2022 2985 Views 0 comment Print

In the case of Munjaal Manishbhai Bhatt v. Union of India, the High Court questioned the validity of the deduction of 1/3rd of the total consideration towards the value of land in construction services under GST. The court argued that such mandatory deductions cannot be prescribed through notification as the GST Act doesn’t permit it. However, a recent Supreme Court decision in Union of India v. Mohit Minerals Pvt. Ltd. supports the issuance of notifications for determining the value of supply, citing a reasonable means consistent with GST principles.

RUDSICO is not a Governmental Authority: AAAR Rajasthan

May 2, 2022 1737 Views 0 comment Print

AAAR held that RUDSICO is not a Governmental Authority. Therefore, appellant is not eligible for exemption under notfn No.12/2017-CT(R) dated 28.6.2017.

GST on Royalty on Mining treating it as Licensing Services – Whether Legal?

April 26, 2022 8121 Views 0 comment Print

The Govt. is sending ‘Intimation on DRC-1 for payment of 18% GST on Reverse charge basis on Royalty paid on mining lease’, under HSN code 997337.

GST payable on Collection of electricity & other expenses forming part of consideration for Renting/Leasing of Immovable Property

April 7, 2022 5808 Views 1 comment Print

Collection of electricity & other expenses by the Lessor for consideration are in relation to the composite supply of principal service of ‘renting of immovable property’, & would form part of taxable value in terms of S.15(2)(c), GST Act, 2017.

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