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Judiciary

Interest on PPF, Saving Bank deposit or Loan part of Aggregate Turnover For GST Registration

May 19, 2020 24888 Views 1 comment Print

In the case of Sawai Manoharlal Rathi, the Gujarat Authority for Advance Ruling has held that interest income from PPF, interest income from personal loan and advances given to family/friends and interest income from saving bank account to be included in aggregate turnover for GST registration.

GST on Quarrying lease/license agreement for ‘BLACKTRAP’ material with State Govt

May 19, 2020 9222 Views 1 comment Print

In re Raj Quarry Works (GST AAR Gujarat) The Applicant has entered into Quarrying lease/license agreement for ‘BLACKTRAP’ material with the Government of Gujarat. Following are the Questions Raised by Applicant and Replied by AAR- (i) What is the classification of service provided in accordance with Notification 11/2017-CT (Rate) dated 28.06.2017 read with annexure attached […]

GST registration applicable to Medical Store run by Charitable Trust

May 19, 2020 5391 Views 0 comment Print

In re Nagri Eye Research Foundation (GST AAR Gujarat) Whether applicant is required to be register Medical Store run by Charitable Trust and whether any particular thing done by the applicant with respect to any goods or services or both amounts to or results in a supply of goods or services or both, within the […]

Supply under Automatic Fare Collection project qualifies as ‘composite supply’

May 19, 2020 1371 Views 0 comment Print

In re NEC Technologies India Pvt. Ltd (GST AAR Gujarat) Question 1: Whether the supply made by the applicant under the Automatic Fare Collection (AFC) project would qualify as: (a) ‘works contract’ defined under section 2(119) of the CGST Act, 2017; or (b) ‘composite supply’ defined under section 2(30) of the CGST Act, 2017? Answer: The supply […]

No ITC on transportation of employees which is not obligatory under Law

May 19, 2020 3138 Views 0 comment Print

 If the facility provided by a taxpayer for transportation of employees is not obligatory under any law, for the time being in force then no ITC will be available to such a taxpayer. The applicant will however be eligible to claim ITC for the service supplied at 12% GST Rate if the conditions laid down in the second proviso to section 17 (5)b are satisfied.

Airline not liable for delay in receiving transshipment application at Air Cargo due to arrest of Officers

May 19, 2020 1218 Views 0 comment Print

Since there was total or near total disruption of work due to alleged arrest of the customs officers and therefore, the delay in receiving and processing of transshipment application should not be at the cost of the Qatar Airways and assessee was not liable for demurrages and transshipment charges by Air Port Authority of India

No adjudication proceedings solely based on inculpatory statements of witnesses & notice alone

May 19, 2020 5607 Views 0 comment Print

Adjudication proceedings under the Customs Act, 1962 could not solely be based on the inculpatory statements of witnesses and noticee alone. Such statements could be only used for corroborating the case which the Department proposed to establish before the quasi-judicial authorities.

No addition for TP Adjustment towards interest on debentures invested in AE

May 19, 2020 4029 Views 0 comment Print

Gurgaon Investment Ltd. Vs DDIT (ITAT Mumbai) The issue under consideration is whether addition made on account of Transfer Pricing Adjustment towards interest on debentures invested in the Associated Enterprise (AE) Vital Construction Pvt. Ltd. (VCPL) is justified or not? Assessee, a non-resident company incorporated in Mauritius. Through one of its AEs based in Mauritius […]

No Section 194H TDS on discounts on prepaid SIM Cards or Talktime 

May 18, 2020 2301 Views 0 comment Print

The issue under consideration is whether TDS u/s 194H is applicable on discounts allowed for prepaid SIM Cards/ Talktime as distributor margin?

Exporter liable to pay fine for violation of terms of DFCE Scheme

May 18, 2020 1143 Views 0 comment Print

The issue under consideration is whether the imposition of cost of one lakh rupees on an exporter for the blatant violation of the Duty-Free Credit Entitlement Scheme (DFCE) is justified in law?

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