Case Law Details
Case Name : In re Portescap India Private Limited (GST AAR Maharashtra)
Related Assessment Year :
Courts :
AAR Maharashtra Advance Rulings
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In re Portescap India Private Limited (GST AAR Maharashtra)
Q1. Whether Portescap India Pvt. Ltd. is required to pay tax under reverse charge mechanism on procurement of renting of immovable property services from Seepz Special Economic Zone Authority (Local Authority) in accordance with Notification No. 13/2017 dated 28th June, 2017 read with Notification No. 03/2018 – Central Tax (Rate) dated 25th January 2018 ?
Answer: Answered in the affirmative.
Q2. Whether Portescap India Pvt. Ltd. is required to pay tax under reverse charge mechanism on any other services in accordance with Notifi...
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This is a a absolutely wrong decision. SEZ units can be liable to such taxes particularly they can’t be entangled in extra efforts for first paying & then claiming refund.
Government must do away with all sorts of RCM as it is revenue neutral… Why making people to put efforts in paying & claiming refund…this is totally unproductive & uncalled for. It is really affecting productivity of businesses. It will impact GDP surely. If such rules are not there GDP will increase more rapidly.
They are just following wrong custom inherited from service tax.