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Judiciary

Seats & berth made Exclusively for Railway falls under Chapter 86.07

November 11, 2019 1230 Views 0 comment Print

In re Tool & Gage Co. (GST AAR Uttar Pradesh) The classification of the seats and berth, manufactured as per the specific design and layout provided by the Railways and supplied to the Railways only and no-where else, falls under Chapter 86.07 of the GST Tariff. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING,UTTAR […]

No GST on service provided by expat employees to project office

November 11, 2019 3783 Views 0 comment Print

In re Hitachi Power Europe Gmbh (GST AAR Uttar Pradesh) Whether the Goods and Services Tax is applicable on the accounting entry made for the purpose of Indian accounting requirements in the books of accounts of Project Officer for salary cost of Expat employees. As per Schedule III of the CGST Act, 2017, “the services […]

Fusible interlining cloth classifiable under Heading 5903: AAR West Bengal

November 11, 2019 1761 Views 0 comment Print

The Applicant’s product, namely fusible interlining cloth, is classifiable under Heading 5903 in Chapter 59 of the First Schedule of the Customs Tariff Act, 1975.

GST on supply of warehoused goods if supplied to recipient before clearance for home consumption

November 11, 2019 12711 Views 0 comment Print

The Applicant’s supplies to the foreign going vessels shall be treated neither as a supply of goods nor services in terms of paragraph 8(a) of Schedule III under section 7(2)(a) of the GST Act if such stores are warehoused goods supplied to the recipient before clearance for home consumption

Supply of goods through PDS is not exempt: AAR West Bengal

November 11, 2019 2208 Views 0 comment Print

Supply of goods through PDS is not exempt under Notification No. 2/2017 – CT (Rate) dated 28/06/2017, as amended from time to time (reference to which includes reference to State Notification No. 1126 – FT dated 28/06/2017) or any other notification. Activities or transactions of the Applicant are not included in Schedule III either. The Applicant is, therefore, liable to pay GST at the applicable rate on his supplies of goods through PDS.

28% GST Payable on Supply of Air Conditioners with Installation Services

November 11, 2019 41376 Views 0 comment Print

In re Nikhil Comforts (GST AAAR Maharashtra) The Maharashtra Appellate Authority for Advance Ruling while confirming the order of the Maharashtra Advance Ruling Authority held that the contract in the impugned case is though a composite supply not for immovable property, and therefore does not fall under the definition of ‘works contract’. The principal supply […]

GST | Section 107(7) | Appellant paid 10% of remaining taxes – Recovery proceeding deemed to be stayed

November 11, 2019 2535 Views 0 comment Print

Smeara Enterprises Vs State Tax Officer (Kerala High Court) In case of detention of goods, where the assessee had paid 10% of the remaining amount of tax in dispute, the recovery proceedings for the balance amount shall be deemed to be stayed. We find force in the above said contention. Sub­section (7) of S.107 provides […]

Circulars cannot alter or prevail over statutory provision

November 9, 2019 14814 Views 0 comment Print

M/s. Precot Meridian Limited Vs Commissioner of Customs (Madras High Court) It is held that circulars cannot prevail over the statute. Circulars are issued only to clarify the statutory provision and it cannot alter or prevail over the statutory provision. In that circumstance, it is clear that the explanation of provisions of drawback has nothing […]

Download Supreme Court Judgment in Ram Janma Bhoomi Case

November 9, 2019 32904 Views 1 comment Print

The Supreme Court has delivered its verdict on the Ram Janmabhoomi–Babri Masjid land dispute in Ayodhya. n a unanimous judgment, the Bench led by Chief Justice of India Ranjan Gogoi has ordered that a temple must be constructed at the disputed site and the Muslims must be compensated with five acres of land at a […]

GST on supply of food to Indian Railways or IRCTC or their licensees

November 9, 2019 7863 Views 0 comment Print

In re Rajeev Kumar Garg (GST AAAR Uttar Pradesh) We observe that after introduction of S1 No. 7(ia) in the Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017 (as amended) the Law is very much clear that the GST rate on supply of goods, being food or any other article for human consumption or any drink, […]

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