The ARA, Rajasthan has pronounced judgment on 8.9.2021, in the case of RSWM Limited, Bhilwara (2021) 36 J.K.Jain’s GST & VR 316, that; ‘The applicant can’t claim ITC of GST charged by the Medical/Health Insurance Company in respect of insurance done for employees’ 1. Background. ─ Per Order No. 40-3/2020-DM-I(A) dated 15th April 2020 issued […]
ARA, Rajasthan has pronounced judgment on 27.8.2021, in the case of Tej Jain, Jaipur (2021) 36 J.K.Jain’s GST & VR 308, that; ‘Per Explanation (ii) to notfn No.8/2018-CT(R) dated 25.1.2018, in case of Old and used Refurbished Car, GST is to be levied on ‘Margin’, which shall be the difference between the Selling Price and […]
Gypsum Board in question is made-up of Gypsum, glass fibre and additives, cannot be called as Glass-Fibre Reinforced Gypsum Board (GRG) and as such cannot be classified under entry No. 92 of Sch. II of notfn No.1/2017-CT(R) dated 28.6.2017, which provides specific rates for GRG board under chapter 44 or and chapter.
In Kalani Infrastructure Pvt. Ltd., Kota (Raj) (2021) 35 J.K.Jain’s GST & VR 151, Hostel Accommodation Service with Food etc. was held to be the “Mixed Supply” by the Hon’ble Appellate Advance Rulings authority. Whereas in the case of Symmetric Infrastructure Pvt. Ltd., Kota, (Raj) (2021) 36 J.K.Jain’s GST & VR 226, the Coaching services […]
ITC─Conditions for availment S.16(2) stipulates 4 conditions for taking ITC as under; (a) Possession of tax invoice or debit note; (b) Receipt of goods or services; (c) Payment of tax in cash or through utilization of admissible ITC; (d) Filing of Return u/s 39. This clause starts with non obstante words, viz., “Notwithstanding anything contained […]
In the AAAR case of United Breweries Limited, Bengaluru (2018) 30 J.K.Jain’s GST & VR 554, it was held that, “as per the agreement between the appellant and the CBUs, the appellant gets a brand fee in lieu of the permission granted to the CBU to utilize their brand. The consideration in the Form of […]
Recently, the CBIC issued Cir.No.157/13/2021-GST dated 20.7.2021 interpreting the Supreme Court directives dated 27.4.2021 in the Suo Motu case titled : Cognizance for Extension of Limitation : (2021) 36 J.K.Jain’s GST & VR 23 (SC), which was rendered by the Supreme Court due to multifarious difficulties being faced by all citizens of India during COVID-19 […]
Per High court judgment in the case of Greenwood Owners Association & Ors. v. Union of India & Ors.(2021) 36 J.K.Jain’s GST & VR 57 (Mad), monthly contribution of members collected by Resident Welfare Associations (RWA) are Liable to GST on contribution exceeding Rs.7500/- under HSN code 9995. The circular No.109/28/2019 dated 22.7.2019 issued by […]
The notfns issued by CBIC on 14.6.2021 are totally revenue oriented & are against the ratio decidendi of Delhi High court judgment in the case of Gurcharan Singh v. Ministry of Finance & Ors.(2021) J.K.Jain’s GST & VR 493, against which the Govt. has intentionally obtained stay in the case of Ministry of Finance (Deptt. of […]
In the case of Radha Krishan Industries v. the State of HP (2021) 35 J.K.Jain’s GST & VR 367, the Hon’ble Supreme Court held that, the power of provisional attachment of the property of the taxable person is draconian in nature and the conditions which are prescribed by the statute for a valid exercise of the […]
