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Judiciary

ITC on providing services of access to online content to users

September 24, 2019 3294 Views 0 comment Print

In re Informatics Publishing Ltd. (GST AAR Karnataka) Whether the input tax credit is available when the online educational journals and periodicals are supplied to the Educational Institutions other than to pre-school and higher secondary school or equivalent, which is exempt by virtue of Notification No. 2/2018-Central Tax (Rate) dated 25.01.2018? The providing of access […]

AAR cannot give Ruling on Place of Supply of Goods or Services

September 24, 2019 1041 Views 0 comment Print

Whether services provided by applicant to foreign client amount to export of service cannot be answered as Section 97 of CGST Act, 2017 does not empower Authority to give Ruling on Place of Supply of Goods or Services.

GST under reverse charge on Pre and Post Registration on University

September 24, 2019 1509 Views 0 comment Print

In re Hemchand Yadav Vishwavidyalaya (GST AAR Chhattisgarh) The applicant being only registered as a Tax deductor under Section 51 of the CGST and CGGST Act holding GSTIN-22AAAJH0647Q1DD and not having any another GSTIN as supplier of goods or services till 24-6-2019 would not be liable for under reverse charge, in view of the exclusions […]

Redress grievances related to functioning of GSTN system: HC to CBIC

September 24, 2019 912 Views 0 comment Print

Petitioner has highlighted several grievances with regard to the functioning of the GSTN system. Some of the issues highlighted relates to the technical and procedural aspects. The respondents must resolve these issues after understanding the difficulties that they are posing to the users.

Address lacunas in scheme formulated for IGST Refund: HC to CBIC

September 24, 2019 822 Views 0 comment Print

The grievance of the petitioners is also that the statutory mechanism created for entertaining IGST refund claims is not being implemented, and that there are some inherent lacunas in the scheme formulated by the Respondents to process the refund claims.

Provisions of Section 62(2) of GST Act have to be construed strictly

September 23, 2019 6351 Views 0 comment Print

M/s Bridge Hygiene Services Private Limited Vs The State Tax Officer (Kerala High Court) The statutory prescription of 30 days from the date of receipt of the assessment order passed under sub section (1) of Section 62 has to be strictly construed against an assessee and in favour of the revenue, since this is a […]

Chief Judicial Magistrate can entertain secured creditor application under SARFAESI Law: SC

September 23, 2019 22923 Views 0 comment Print

Chief Judicial Magistrate (CJM) was equally competent to deal with the application moved by the secured creditor under Section 14 of the SARFAESI Act as substitution of functionaries (CMM as CJM) qua the administrative and executive or so to say non-­judicial functions discharged by them in light of the provisions of Code of Criminal Procedure, would not be inconsistent with Section 14 of the 2002 Act.

Arbitration Act: Additional evidence cannot be permitted in Section 34 proceedings: SC

September 23, 2019 11280 Views 0 comment Print

M/s. Canara Nidhi Limited Vs M. Shashikala And Others (Supreme Court) Conclusion: Since proceedings under Section 34 were summary proceedings and was not in the nature of a regular suit and in the arbitration proceedings, the parties had sufficient opportunity to adduce oral and documentary evidence, therefore, there was no necessity of adducing fresh evidence […]

Whether Carbonated Fruit Juice falls under Fruit Juices or Aerated drinks?

September 23, 2019 15357 Views 0 comment Print

Waters with added carbon dioxide which may contain added preservatives and flavoring , sugars are separately classified under Para 2.10.6 as Carbonated Water’ and Category 14.1.1.2 as ‘table waters and soda waters’ which are different from ‘Carbonated Fruit Beverages or Fruit Drinks’ of Para 2.3.30 and Category ‘14.1.4.1’ of FSSAI regulations.

Section 80P deduction allowable to co-op credit societies despite loans to nominal members

September 23, 2019 11349 Views 0 comment Print

Assesse-cooperative society registered under the Maharashtra Co-op. Society Act, 1960 was entitled for exemption under section 80P on giving of loans to members/nominal members as the definition of  ‘member’ given in section 2(19) of the Maharashtra Co­operative Societies Act took within its sweep even a nominal member, associate member and sympathizer member and there was no distinction made between duly registered member and nominal, associate and sympathizer member.

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