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Course affiliated by National Council for Vocational Training exempt from GST

June 24, 2020 1893 Views 0 comment Print

In re The Leprosy Mission Trust of India (GST AAR Uttar Pradesh) Question):- Whether services provided under vocational training courses recognized by National Council for Vocational Training (NCVT) or Jaan Shikshan Sansthan (JSS) is exempt either under Entry No. 64 of exemption list of Goods and Service Tax Act, 2017 or under Educational Institution defined […]

GST on Services rendered under contract with State Urban Development Agency

June 24, 2020 1596 Views 0 comment Print

In re Snow Fountain Consultants (GST AAR Uttar Pradesh) Whether the Project Development Service (i.e. Detailed Project Report Service) and Project Management Consultancy    services (PMCS)   provided   by the applicant to recipient under the contract from State Urban Development Authority (herein after referred as “SUDA”) and the PMC under the contract for Pradhan Mantri Awas Yojna […]

ITC of GST on one time Lease Premium Charges of land for business purpose

June 24, 2020 20913 Views 0 comment Print

In re Daicel Chiral Technologies (India) Private Limited (GST AAR Telangana) Q1. Whether the applicant is eligible to avail input tax credit of GST paid on payment of Lease Premium Charges (one-time charges) towards land lease for business purpose? Ans: No. the applicant is not eligible to avail input tax credit of GST paid on […]

HSN Code and GST Rate on supply of ‘poultry Meal’ & ‘poultry fat’

June 24, 2020 21861 Views 0 comment Print

In re M/s. Sushi Pet Nutrisciences (GST AAR Telangana) HSN Code and rate of tax in respect of supply of ‘poultry meal’. The product “poultry meal” is classifiable under Chapter Sub-Heading No. 2301 10 90 of the first schedule to the Customs Tariff Act, 1975 and the supply of the same attracts GST rate of […]

GST not exempt on Providing diagnostic images for diagnosis

June 24, 2020 6870 Views 0 comment Print

We find that providing diagnostic images is not equivalent to providing diagnosis, and the services by SHPL is not an independent establishments for providing diagnostic service.

HC allows Petitioner to file application seeking revocation of cancellation of GST registration

June 24, 2020 972 Views 0 comment Print

M. S. Retail Private Limited Vs Union of India (Karnataka High Court) Petitioner has presented this writ petition with a prayer inter alia to quash the order of ‘cancellation of registration’ dated 06.06.2020 passed by Assistant Commissioner of Commercial Taxes, Bangaluru. Learned AGA submitted that under Section 30 of the Central Goods and Services Act, […]

Year of taxability of unutilised portion of capital gains- Section 54/54F

June 23, 2020 6186 Views 0 comment Print

Deepak Bhardwaj Vs ITO (ITAT Delhi) Only question that arises for our consideration is whether the unutilised portion of capital gains is liable for tax either in the year in which such long term capital gains arose or in the year in which the period of 3 years for such utilisation expires. Under identical facts […]

Stay on NCLT Order Initiating Insolvency Proceedings against MSME

June 23, 2020 2709 Views 0 comment Print

Whether the NCLT was correct in passing an order of initiation of the CIRP against a MSME without considering the fact that the minimum threshold limit of filing application in NCLT has been increased to Rs. 1 Crore?

Position of Multiplicity of Arbitration Proceedings & of Subsequent Award Rendering the Previous Award Illegal

June 23, 2020 3339 Views 0 comment Print

The Court concluded that the findings of a Subsequent Award would not render the previous Award illegal or contrary to law. To find the validity of the Award, the Award had to be tested as on the date when it was pronounced, on its own merits.

Reimbursement of Audit fees to foreign parent company: Taxable

June 23, 2020 4074 Views 0 comment Print

SPX India Pvt. Ltd. Vs CIT (ITAT Delhi) Tax was required to be deducted at source on share of ISO audit expenses paid to foreign parent company, as element of income was embedded in receipt of auditor.  FULL TEXT OF THE ITAT JUDGEMENT Assessee is in appeal before us against the order of ld. CIT […]

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