Whether Value of Goods gives conclusion that activity is Works Contract Service or Not? In an Application filed before AAR under GST, Maharashtra by Prasa Infocom & Power Solutions Private Limited 1. The value of goods supplied is ₹ 26.03 crores (excluding taxes), the value of Civil and Mechanical Work is ₹ 0.34 crores, the […]
Vires of Time Limit prescribed in Rule 117 of CGST Rules, 2017 and Retrospective Amendment in Section 140 of CGST Act, 2017 Hon’ble Madras High Court in case of P.R. Mani Electronics Versus Union Of India, The GST Council, The Principal Chief C. GST & C.E, The Asst. Commr of GST & C.E (pronounced on […]
Hon’ble Gujarat High Court in case of Material Recycling Association of India vs Union of India dated 24.07.2020 deided on the issue Whether the provisions of Section 13(8)(b) r.w.s. 2(13) and 8(1) of the IGST Act,2017 are ultra vires and unconstitutional or not. Facts of the Case 1. The members of the petitioner also facilitate […]
In an Application filed before AAR under GST, Gujarat by Shree Dipesh Anilkumar Naik Applicant is the owner of the land, who develops the land with an infrastructure such as Drainage line, Water line, Electricity line, Land levelling etc. as per the requirement of the approved Plan Passing Authority. Scope of Work 1. Forming land […]
In an Application filed before AAR under GST, Rajasthan by M/S ARG Electricals Pvt. Ltd Facts: Applicant received the work order from AWNL (Government Entity)- first work order is for the ‘supply of materials/equipments’ for Providing of Rural Electricity infrastructure and the second work order is for erection, testing and commissioning of the supplied goods. […]
Consignment note’ has not been defined in the CGST Act or in the Notification either. In this context we take the help of Explanation to Rule 4B of Service Tax Rules, 1994 wherein the ”consignment note’ has been defined as a document provided by a goods transport agency against the receipt of goods for the transport of goods by roadways in a goods carriage.
GST on Works Contract Services Pertaining To Machinery For Processing of Agricultural Produce In an Application filed before AAR under GST, Gujarat by Magnam Netlink Private Limited Applicants Submission: 1. Dairy plant will be processing raw milk obtained from the farmers and producing pasteurised milk as well as milk products there from. The raw milk […]
General Clauses Act to be referred in case of Doubt in the Statutory Provision In all the Acts and Regulations, made either by the Parliament or Legislature, the words and phrases as defined in the General Clauses Act and the principles of interpretation laid down in General Clauses Act are to be necessarily kept in view.
Legal Provisions SECTION 83. Provisional attachment to protect revenue in certain cases. (1) Where during the pendency of any proceedings under section 62 or section 63 or section 64 or section 67 or section 73 or section 74, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government […]
BRIEF ANALYSIS OF NOTIFICATIONS ISSUED ON 3RD APRIL 2020 INTEREST ON DELAY PAYMENT OF TAX PERIOD FOR FEBRUARY, MARCH, APRIL 2020 Notification No- 31/2020 dated 03.04.2020 TABLE Sl. No. Class of registered persons Rate of interest Tax period Condition (1) (2) (3) (4) (5) 1. Taxpayers having an aggregate turnover of more than rupees 5 crores […]
