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Judiciary

GST on Supply in State to Recipient registered in other State

June 29, 2020 2001 Views 0 comment Print

In re High Tech Refrigeration & Air conditioning Industries (GST AAR Goa) Where the goods are delivered by the supplier to a recipient or any other person on the direction of a third person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of […]

Site where employees are deputed for machine maintenance qualifies as fixed establishment : AAR

June 29, 2020 1977 Views 0 comment Print

In re IZ-Kartex named after P G Korobkov Ltd (GST AAR West Bengal) It is evident from the above discussion that the MARC Holder maintains suitable structures in terms of human and technical resources at the sites of BCCL. It ensures supervision of the equipment, supply of spares and consumable and overheads for 5000 annual […]

No GST on facilitating rehabilitation of survivors of violence on women

June 29, 2020 1086 Views 0 comment Print

In re Swayam (GST AAR West Bengal) Whether an NGO facilitating rehabilitation of the survivors of violence on women are liable to pay GST? The applicant is apparently assisting the women survivors in various ways to get back on their feet. Such survivors of sexual and other violence need services like legal aid, medical assistance, […]

NCLT appointed liquidator liable to pay GST & Register

June 29, 2020 8214 Views 0 comment Print

In re Mansi Oils and Grains Pvt. Ltd. (GST AAR West Bengal) Whether a liquidator appointed by NCLT is liable to pay GST on asset sales and required to get registered? The liquidator is appointed under section 34 (1) of IBC after NCLT initiates liquidation in terms of section 33 of IBC. As the applicant – […]

18% GST Applicable on Hand Sanitizers: AAR Goa

June 29, 2020 6147 Views 0 comment Print

In re Springfields (India) Distilleries (GST AAR Goa) Hand Sanitizers manufactured by the applicant are of the category of Alcobased hand sanitizers and are classifiable under heading 3808 of HSN to which rate of GST applicable is 18%. As far as exempting hand sanitizers as essential commodity since it is classified as such by Ministry […]

No GST on imparting education via Govt approved vocational courses

June 29, 2020 1941 Views 0 comment Print

In re Leprosy Mission Trust India (GST AAR West Bengal) Whether imparting vocational training recognized by Govt of India makes an entity eligible for exemption from GST? Clause h(ii) of the Exemption Notification 12/2017 – Central Tax (Rate) dated 28/06/2017 defines an ‘approved vocational course’ as a modular employable skill course, approved by NCVT and […]

GST on Project Development & PMCS services to recipient under contract from SUDA

June 29, 2020 2547 Views 0 comment Print

In re Creative Consortium (Madhu Garg) (GST AAR Uttar Pradesh) Q(i) .Whether the Project Development Service (ie. Detailed Project Report Service) and project management consultancy services (PMCS) provided by the applicant to recipient under the contract from State Urban Development Authority (SUDA) and project management consultancy services (PMCS) under the contract of Prandhan Mantri  Awas […]

GST on food supplied to hospitals on outsourcing basis

June 29, 2020 19818 Views 2 comments Print

In re Navneeth Kumar Talla (GST AAR Telangana) Q 1. Whether the food supplied to hospital i.e. Government Hospitals, Private Hospitals and Autonomous Bodies on outsourcing basis the GST is chargeable? If GST is chargeable what is the tax rate? Ans: Yes Q 2. If no GST is chargeable on the supply of food the […]

DTAA overrides the Act, even if it is Inconsistent with the Act

June 28, 2020 3165 Views 0 comment Print

whether the assessee has to deduct tax at source at the rates prescribed in section 206AA in case the payees are unable to furnish their PANs, even if tax liability arises out of the treaty?

Advances for purchase of vehicles/plant/machinery allowable as bad debt

June 28, 2020 3021 Views 0 comment Print

PCIT Vs Hybrid Financial Services Ltd (Bombay High Court) Under Section 36(1)(vii) of the Act, the amount of any bad debt or any part thereof which is written off as irrecoverable in the accounts of the assessee for the previous year is to be allowed as deduction in computing income under Section 28 of the […]

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