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Judiciary

GST on supply of construction service to land owner in lieu of transfer of development rights

September 30, 2019 11370 Views 0 comment Print

In re M/s Teamview Developers LLP (GST AAR Karnataka) 1. The tax rate applicable on the supply of construction service to the land owner in lieu of transfer of development rights to the promoters portion is liable to tax at 9% under CGST and 9% KGST under entry no. 3(xii) of the Notification No.11/2017 — […]

No ITC on goods or services involved in construction of immovable property

September 30, 2019 20283 Views 1 comment Print

In re Tarun Realtors Private Limited (GST AAR Karnataka) The provision of facilities like transformers, sewage treatment plant, Electrical Wiring and Fixtures, Surveillance systems, D.G. Sets, Lifts, Air Handling Units etc. are sine-qua-non for a commercial mall and hence cannot he considered separate from the building or civil structure. The provision of these are either […]

Trust to pay GST on renting of temporary residential rooms for consideration to devotees

September 30, 2019 5160 Views 0 comment Print

The applicant is liable to pay tax in renting of temporary residential rooms for consideration to the devotees and renting of space for shops and stalls.

Sewerage services falls under Article 243W of Indian Constitution

September 30, 2019 14748 Views 0 comment Print

In re M/s Sewerage & Infrastructural Development Corporation of Goa Ltd. (GST AAR Goa) 1. Whether the Project Management services provided by applicant to recipient would qualify as an activity in relation to function entrusted to Panchayat or Municipality under Article 243G or Article 243W respectively, of the Constitution of India. The services provided by […]

Resale of food & bakery products not fall under restaurant services: AAR

September 30, 2019 17490 Views 0 comment Print

Restaurant is a place of business where food is prepared in the premises and served based on the orders received from the customer. In the instant case it is a bakery, where ready to eat items are sold and mere facility is provided to have it from the shop.

CGST Act not empowers Authority to give Ruling on Place of Supply of Goods or Services

September 30, 2019 1308 Views 0 comment Print

In order to decide whether the said services amount to export or not, place of supply of service need to be determined. Section 97(2) of the CGST Act, 2017 empowers the Authority to give a Ruling on time and value of Supply. However it does not empower the Authority to examine the place of supply. In the absence of this provision the Authority is not empowered to answer whether the activity undertaken by the applicant amounts to export or not.

Setting up of data centres involving transfer of property in goods is Works Contract

September 30, 2019 3888 Views 0 comment Print

Applicant has entered into a contract for carrying out the various listed activities leading to erection, fitting out, renovation and commissioning of data centres. The contract also involves transfer of property in goods. It is therefore opined that the proposed activities of the applicant are covered under the definition of Works Contract.

EPC contract to set-up solar power plant till 31.12.2018 is works contract: AAR Karnataka

September 30, 2019 4383 Views 0 comment Print

Whether in case of separate contracts for supply of goods and services for a solar power plant, there would be separate taxability of goods as ‘Solar Power Generating System’ at 5% and services at 18%.

Exemption u/s 11 allowable on donation by a charitable trust to other for utilization towards charitable objects

September 28, 2019 10686 Views 1 comment Print

Inter-trust donation by one charitable trust to another for utilization by the donee trust towards charitable objects was proper application of income for charitable purpose in the hands of donee trust and it would not affect the exemption claimed by assessee u/s 11 in any manner whatsoever nor inter-trust donation could be termed as deviation from its objects .

Mere surplus does not mean that assessee exists for profit

September 27, 2019 2754 Views 0 comment Print

Director of Income Tax (E) Vs Gujarat Cricket Association (Gujarat High Court) Merely because the Association puts up tickets of the international cricket matches for sale and earns some profit out of the same, it would not lose its character of having been established for a charitable purpose. It is also important to note that […]

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