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Judiciary

Good seized due to expiry of e-way bill cannot be released on indemnity bond

October 18, 2019 1938 Views 0 comment Print

M/s Livguard Energy Technologies (P) Ltd Vs State of Uttarakhand (Uttarakhand High Court) Uttarakhand High Court has declined to accede to petitioner’s request for release of vehicle and goods seized on merely furnishing an indemnity bond. It observed that it would be inappropriate to issue a direction contrary to provisions of Section 129 of the […]

Examine feasibility of vesting powers under GST to VAT Tribunals/CESTAT

October 18, 2019 750 Views 0 comment Print

Hence, we request Mr. Satya Pal Jain, Additional Solicitor General to examine the feasibility of vesting the powers under GST regime to the already functional VAT/Sales Tax Tribunals/CESTAT as a temporary measure.

HC: Attachment cannot be made on Petitioner’s property to recover dues of erstwhile owner

October 18, 2019 2931 Views 0 comment Print

The Hon’ble HC, Gujarat in the matter of M/s Choksi Texlen Pvt. Ltd. v. State of Gujarat [Special Civil Application No. 8096 of 2019 dated October 18, 2019] instructs Revenue authorities to withdraw the charge and attachment made on the Petitioner’s property to recover alleged dues of the erstwhile owner of the property under the […]

AAR rejects application as same issue was already pending before another authority

October 18, 2019 975 Views 0 comment Print

The application filed by the applicant is rejected as not admissible in terms of first Proviso to Section 98(2) of the GST Act 2017, since the issue was already pending before another authority when the application was made before AAR.

GST on Services provided by Ordnance Factory Bhandara: AAAR

October 18, 2019 3483 Views 0 comment Print

In re Ordnance Factory (GST AAAR Maharashtra) Question: 1) Being a part of the Ministry of Defence, Government of India, whether our organization Ordnance Factory Bhandara is liable to pay GST on the following supply of services: – a) Liquidated damages deducted from the payments to be made to suppliers in case of delayed delivery […]

GST on Starter Ring Gear, Universal joint Cross & Starter Ring Gear Flywheel Assembly

October 18, 2019 6261 Views 0 comment Print

In re EI-Chico Clutch Pvt. Ltd. (AAR GST Haryana) 1.  Whether parts namely Starter Ring Gear Flywheel Assembly, Starter Ring Gear and Universal joint Cross (U.J. Cross) supplied for use in motor vehicle is classifiable under HSN 8708 or 8483 and  What is the applicable rate of GST i.e. 28% or 18% on parts namely […]

AAR cannot give ruling on issue pending with SGST Authorities

October 18, 2019 786 Views 0 comment Print

Since the question raised in the application is pending with SGST Authorities under the provisions of this Act, therefore as per proviso to section 98(2) of the Act the said application filed by the applicant is hereby not admitted.

Consider GST appeal on merits, dismissed as time barred: HC

October 18, 2019 1740 Views 0 comment Print

No doubt, the appeal filed by the petitioner was time barred but in the facts of the case, in our considered view, the appeal of the petitioner ought to be decided on merits rather dismissing the same on the ground of delay.

Detention of conveyance in absence of discrepancy in E-Way Bill or Tax Invoice not sustainable

October 18, 2019 2841 Views 0 comment Print

When the conveyance in question was carrying the goods which were duly accompanied by documents and no discrepancy was found in connection therewith, there was no reason for the third respondent to confiscate the same. The impugned order of confiscation passed by the third respondent under section 130 of the CGST Act, therefore, cannot be sustained.

‘K juice Grape’ classifiable under CTH 22021090- Other- 28% GST Payable

October 17, 2019 2841 Views 0 comment Print

The product ‘K Juice Grape’ falls under the category of “Other” under CTH 2202 10 90. The applicable rate of tax is 14% CGST vide SI.No. 12 of Schedule IV under Notification No. 1/2017-Central Tax (Rate) and 14% under SGST at 14% vide SI.No. 12 of Schedule IV under Notification No.II(2)/CTR/532(d-4)/2017 vide G.O. (Ms) No. 62 dated 29.06.2017 as amended.

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