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NAA finds Signature Builders guilty of not passing benefit of ITC

December 13, 2019 954 Views 0 comment Print

Shruti Garg Vs Signature Builders Pvt. Ltd. (National Anti-Profiteering Authority) The Respondent has also contended that the DGAP has calculated the profiteered amount as Rs. 1,40,41,916/- whereas he has passed on an amount of Rs. 1,29,29,849/- to the 998 home and 91 commercial shop buyers as benefit of ITC. He has also submitted letters addressed […]

Milk chilling and packing service exempt from GST- TRU Circular invalid- HC

December 13, 2019 20139 Views 0 comment Print

It is hereby held that milk chilling and packing service provided by the contractors to the petitioners are exempted by virtue of Serial No.24 of the table to Notification No.11/2017 – Central Tax (Rate) dated 28.6.2017.

Time of supply in case of ‘Deposit Works’

December 13, 2019 3993 Views 0 comment Print

In re Uttar Pradesh Avas Evam Vikas Parishad (GST AAR Uttar Pradesh) i. What is the time of supply in case of ‘Deposit Works’ being executed by the applicant- Whether it is the time of receipt of funds from the client government department or the time when expenditure incurred towards execution of the work is […]

No ruling can be given on questions not related to Appellant :AAAR

December 13, 2019 786 Views 0 comment Print

In re Kasturba Health Society (GST AAAR Maharashtra) The Maharashtra Appellate Authority for Advance Ruling  held that the  questions by the Appellant are not maintainable in terms of the Clause (a) of section 95 of the CGST Act, 2017, as the transaction with respect to which the Appellant has asked the questions, are not pertaining […]

No Penalty for delay in tax audit report submission due to technical venial breach

December 13, 2019 3648 Views 0 comment Print

In the instant case, the audit report was obtained within the due date prescribed u/s 44AB of the Act. The delay has occurred due to delay in filing return of income. The assessee has stated that it was under bonafide belief that the audit report could also be filed before 31.3.2015. There is also no dispute with regard to the fact that the audit report was available with the assessing officer before he completed the assessment.

GST system limitations cannot be a justification to deny relief: HC

December 12, 2019 10155 Views 0 comment Print

Vision Distribution Pvt. Ltd. Vs Commisioner, State Goods & Services Tax & Ors. (Delhi High Court) Coming Heavily on GST Department/GSTN Delhi High Court held that The business activity in the country could not be expected to come to a standstill, only to await the Respondents making the GST system workable. The failure of the […]

ITC available to supplier of works contract services related to construction of immovable property

December 12, 2019 4851 Views 0 comment Print

In re Vinayaka Constructions (GST AAR Andhra Pradesh) In the instance case, the applicant is the supplier of works contract services and the goods and services received by him for construction of immovable property (other than Plant or machinery) are neither owned nor capitalized in his own account, but passed on to the contractee. Hence […]

Transition credit issue- HC allows petitioner to make application before GST Council

December 12, 2019 1131 Views 0 comment Print

Obelisk Composite Technology LLP Vs Union of India (Rajasthan High Court) After considering the fact that the Union of India and the Finance Department have extended the period contemplated under Rule 1A of Rule 117 till 31st December, 2019, Hon’ble High Court grants liberty to the petitioner to make an application before GST Council (through […]

No GST on additional/Penal interest for delayed Loan EMI payment

December 12, 2019 4668 Views 0 comment Print

In re Bajaj Finance Limited (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling, hereby, hold that the additional/Penal interest recovered by the Applicant from their customers against the delayed payment of monthly instalments of the loan extended to such customers, would be exempt from GST in terms of Sl. 27 of the Notification No. […]

Monitor Redressal of GSTN Network Grievances: HC instructs GSTN

December 12, 2019 1287 Views 0 comment Print

Sales Tax Bar Association (Regd) & Anr. Vs Union of India & Ors. (Delhi High Court) Till the constitution of Public Grievance Committees (PGCs), we direct that the Chairman and the CEO, GSTN shall be responsible to monitor, and they shall ensure the rederessal of all grievances relating to the GSTN, including IT related grievances […]

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