One time premium received by applicant on allotment of completed commercial units/building is taxable supply in terms of section 7 of CGST/GGST Act, 2017.
Subsidized deduction made by applicant from employees who are availing food in factory/corporate office would not be considered as a ‘supply’ under section 7 of CGST Act, 2017
AAR find that [a] applicant before us is not supplier of service and [b] that ruling sought is not for admissibility of input tax credit in respect of supply received by applicant. In fact it is the supplier who may seek an advance ruling in the matter.
GST not leviable on amount representing employee’s portion of canteen charges recovered/collected by applicant from its employees and paid to canteen service provider on behalf of employee since it would not be considered as a supply under provisions of section 7 of CGST Act, 2017 and GGST Act, 2017.
In re Profisolutions Private Limited (GST AAR Tamilnadu) Determination of the liability to pay tax on any goods or services. Whether the services provided to Head Office will attract GST Liability? Services, including the services of common employees of a person, provided by branch office to head office and vice versa, each having separate GST […]
In re Samco Logistics LLP (GST AAR Tamilnadu) 1. Rental Income received by the applicant from Renting Warehouse to store Agricultural Produce is a consideration for supply and the activity is covered under the meaning of supply of services in terms of Section 7 of the Central Goods and Services Tax Act, 2017. 2. Renting […]
In re AP Power Development co. LTD. (GST AAR Andhra Pradesh) 1. Whether liquidated damages collected by the APPDCL from CHETTINAD LOGISTICS PRIVATE LIMITED for non-performing of an act constitute as supply as per Section 7 of GST act. Answer : Affirmative Question 2 : What is the classification under GST for such liquidated damages […]
AAR held that GST not applicable on supply of 1 kg packing red gram dall secondary packing in 50 kg bag to the AP State Civil Supplies Corporation Limited, Vijayawada as per the design and label given by the corporation with a prior agreement.
ITAT Surat held that AO already examined the issue and took a plausible view that addition should not be made. Accordingly, revisional jurisdiction u/s 263 unsustainable as order passed by AO is neither erroneous nor prejudicial to the interest of revenue.
CESTAT Ahmedabad held that issue of leviability of tax on liquidated damages is to be decided as per clarification provided by CBIC vide circular no. 178/10/2022-GST. The circular mainly clarifies that liquidated damages are mere flow of money from party who causes a breach of contract to party who suffers loss due to such breach, then such payments do not constitute consideration for supply and are not taxable.