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Not Available relaxations in filing GSTR 9 & 9C for FY 2019-20 & Onwards

January 14, 2021 22059 Views 4 comments Print

Relaxations Not Available For FY 2019-20 And Onwards In Filing GSTR 9 And 9C Furnishing of Annual Return by Small Supplier Registered Person had the option to not to file the Annual Return GSTR 9 provided the  Aggregate Turnover does not exceed Rs. 2 crore vide Notification No- 47/2019 Central Tax dated 9th October 2019. […]

Whether Value of Goods gives conclusion that activity is Works Contract Service or Not?

August 8, 2020 1395 Views 2 comments Print

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 & Retrospective Amendment in Section 140 of CGST Act, 2017

August 3, 2020 2340 Views 0 comment Print

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 […]

Section 13(8)(b) r.w.s. 2(13) & 8(1) of IGST Act,2017 are not ultra vires & unconstitutional

August 3, 2020 6639 Views 2 comments Print

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 […]

GST on Sale of Plot of Land With Basic Amenities- AAR Ruling

June 29, 2020 4041 Views 0 comment Print

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 […]

GST on Works Contract Services for Use Other than Commerce

June 29, 2020 3939 Views 0 comment Print

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. […]

GTA Services & Consignment Note- AAR Ruling Analysis

June 29, 2020 9768 Views 0 comment Print

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

June 29, 2020 3147 Views 0 comment Print

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 […]

Interpretation of Statute- A Brief Analysis

May 17, 2020 10272 Views 1 comment Print

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.

Provisional Attachment of Any Property/ Bank Account under GST

May 17, 2020 8157 Views 0 comment Print

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 […]

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