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AAR cannot admit an application where question raised is already decided in any proceedings in the case of an applicant

January 16, 2020 807 Views 0 comment Print

Authority shall not admit the application where the question raised in the application is already decided in any proceedings in the case of an applicant.

Within what time U.P. GSTAT would be constituted: Allahabad HC Ask

January 16, 2020 972 Views 0 comment Print

In the present case a provision has been made in Section 109 for creation of the GST, Appellate Tribunal, but the reasons best known to the respondents only for the State of U.P. said Appellate Tribunal has not been constituted.

Classification of LCD panels & parts of LCD panels

January 15, 2020 5919 Views 0 comment Print

LCD panels are classifiable under CTH 9013 8010 and parts of LCD panels are classifiable under CTH 9013 9010. Denial of exemption benefit to the appellant as per amendment Notification No. 92/2017-Cus. dated 14.12.2017 was without any factual or legal basis.

Co-noticees also liable for section 112B penalty with main noticee for custom duty evasion

January 15, 2020 1785 Views 0 comment Print

Since there was a clear nexus between the appellant -company and all the co-noticees for the alleged violation of the impugned notification which extended the concessional rate of customs duty of 20% ad valorem provided the imported CPO was meant for use in manufacture of soap, therefore, penalty was leviable under section 112B on the main noticee as well as co-noticees for evasion of customs duty.

Mere Outstanding loan in books cannot be reason for reopening of assessment

January 15, 2020 969 Views 0 comment Print

In the given case, the Petitioner who is a regular income tax assessee filed her return of income for the AY 2011-12. The Assessing Officer issued under section 133(6) of the Act, called for certain information from the assessee.

GST on Project Management Consultancy Services under contract for PMAY

January 15, 2020 750 Views 0 comment Print

In re Hi-tech Builder (GST AAR Uttar Pradesh)  Q-1 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 […]

No GST on Consultancy services to SUDA for functions entrusted to Municipalities or Panchayat

January 15, 2020 426 Views 0 comment Print

In re Hi-Tech Builder (GST AAR Uttar Pradesh) Q-1 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 […]

AAR not maintainable as applicant has not undertaken supply in subject case

January 15, 2020 948 Views 0 comment Print

Section 95 allows this authority to decide the matter in respect of supply of goods or services or both, undertaken or proposed to be undertaken by the applicant. We find that the applicant has not undertaken the supply in the subject case. In fact, the applicant is a recipient of property in subject transaction.

GST leviable on sale of TDR/FSI received for surrendering joint rights in land

January 15, 2020 9981 Views 0 comment Print

GST is payable at the rate of 18% (9% + 9%) on transfer of development rights or FSI (including additional FSI), under SI. No. 16, item (iii) of Notification No. 11/2017 – Central Tax (Rate) dated 28-06-2017 (Heading 9972).

Transformers’ supplied to Indian Railways covered under HSN ‘8504’

January 15, 2020 4521 Views 0 comment Print

Transformers’ supplied to Indian Railways, by the applicant, are covered under HSN ‘8504’ and Sr. No. 375 of Schedule III of the Notification 1/2017 Central Tax (Rate) dated 28.06.2017 and therefore subjected to GST@ 18%.

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