I am sharing with you all an analysis and key takeaways of landmark ruling of the Apex Court in the case of Regional Provident Fund Commissioner (II) West Bengal Vs Vivekananda Vidyamandir and Others dated 28th February, 2019. By virtue of this ruling “Contribution towards Employees Provident Fund (‘EPF’) is required to be computed on […]
The GST Council in its 33rd meeting has in principle given approval to the below proposals in respect of residential sector of the real estate sector from 1st April, 2019. Details of the scheme shall be worked out by an officers committee and shall be approved by the GST council in a meeting to be called specifically […]
Supreme Court ruled that We make it clear that since we have not found it to be a good ground for adjournment, under no circumstances, application for restoration shall be entertained.
Facts: Vservglobal Private Limited (hereinafter ‘Applicant’) is engaged in providing back office support services to overseas companies (hereinafter ‘Client’) engaged in trading of chemicals and other products in International Trade. Applicant will come into picture after finalization of Purchase/Sale order by the client to undertake following activities: a. Get SDF (Sale Detail Form) and PDF […]
SC in Constitution Bench of Five Judges judgment in the case of Commissioner of Customs (Import) Mumbai Vs. M/s Dilip Kumar and Company and Ors has held that the benefit of ambiguity in exemption notification (which is subject to strict interpretation) cannot be claimed by the subject/assessee and it must be interpreted in favour of the revenue/state.
Applicant (‘GKB Lens Pvt. Ltd.’) is an importer and seller of Optical Lenses and Frames for Spectacles and Accessories, etc (goods) having head office in West Bengal. These goods are transferred to branches in other States. Applicant wishes to understand valuation for the purpose of charging GST on such transfer of goods.
Applicant (Photo Products Company Pvt. Ltd.) is printing content supplied by the customers on photographic paper which is already present with applicant. The customers who wish to publish posters, pictures, photographs, design layouts etc. provide the content as files on digital media such as CD, DVD, HDD or pen drive.
Though section 105 of CGST Act states that every proceeding before Authority for Advance Ruling (AAR) shall be judicial proceedings, however, Rule 103 of CGST rules states that both the member judges of this authority shall be officers not below the rank of joint commissioners. Departmental officers are members of this so called ‘judicial proceedings’ in AAR.
Even though law does not have any provision, goods need to be cleared from ‘Customs authorities’. These authorities including CBEC are considers themselves as law. These authorities will not allow goods to be cleared until and unless tax is paid on such sales. So, let us look at the provisions to claim Input Tax Credit (in short ‘ITC’) on such sales since many of the industries are paying taxes so as to clear goods.
Chapter I – Preliminary: 1. Whether GST law is applicable in J&K? Yes. CGST and IGST act were made applicable in J&K from 8th July, 2017 through respective ordinances. J&K GST Act was also passed and made applicable from this date (Act is on same lines as other State GST Acts). 2. Whether General Clauses […]
