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Judiciary

AAR on GST on Maintenance, Electricity Charges etc. charged by Housing Society

September 17, 2019 25878 Views 4 comments Print

In re M/s Prestige South Ridge Apartment Owners’ Association (GST AAR Karnataka) Question 1) Whether the activity of procuring Goods and Services from third parties for upkeep and maintenance of Apartments and collecting the monies from its members to pay third party vendors is an activity liable to GST? Answer 1. The activity of procuring […]

Section 54 exemption cannot be denied for mere completion of construction in short period 

September 17, 2019 1125 Views 0 comment Print

Accordingly when there was sufficient time with the assessee to complete the construction then the claim of the assessee that the house was constructed within a short period cannot be a reason for denial of the claim under section 54 of the Act.

Trust to accumulate 25% of income derived from property before application

September 16, 2019 1239 Views 0 comment Print

Indian Medical Association Vs ITO (ITAT Ahmedabad) Having regard to the plain language of the above provision, it is clear that a charitable or religious trust is entitled to accumulate twenty-five per cent, of its income derived from property held under trust. For the present purposes, the donations the assessee received, would constitute its property […]

Addition u/s 69C on basis of statement of third party without providing opportunity of cross-examination to assessee was invalid

September 16, 2019 7965 Views 0 comment Print

Addition under section 69C on the basis of statement of third party without granting opportunity of cross-examination to assessee was not valid as it amounted to ivolation of principle of natural justice and against the law

Sec. 43CA was not applicable if transfer was only rights in under-construction flats instead of property per se

September 16, 2019 6903 Views 1 comment Print

Shree Laxmi Estate Pvt.Ltd. Vs ITO (ITAT Mumbai) Conclusion: Since assessee had transferred pursuant to registration of the agreement was only the rights in the flat/ office (which was under construction) and not the property per se hence, there was no transfer of any land or building or both by the assessee in favour of […]

GST on value of scrap held with job work unit

September 16, 2019 12423 Views 1 comment Print

In this case, the. applicant is not collecting the scrap of raw materials from the job work place due to the fact that if the applicant has collected the same the applicant would suffer excess amount for transportation and labour charges for the scrap than the cost realizable from the scrap. However, the job work unit, would pay GST on any receipt of their disposal of scrap.

Supply of goods & services identifiable separately cannot be treated as composite supply

September 16, 2019 3450 Views 0 comment Print

In re M/s. Vista Marine and Hydraulics (GST AAR Kerala) Whether the supply of spore parts / accessories and repair service can be considered as composite supply wherein the principal supply is repair service and hence the rate of tax for all the supplies, consisting of spare parts / accessories and repair service, be taken […]

GST on sub-contract of design, testing, commissioning of transmission of towers awarded to principal contractor by state government entities

September 16, 2019 1653 Views 0 comment Print

In re P.S. Electricals (GST AAR Karnataka) Question 1- What is rate of tax applicable to the composite supply of works contract as defined in clause (119) of Section 2 of Central Goods and Services Act, 2017 (The Act), undertaken by the supplier (applicant) ie., whether the GST rate 18% or 12% is to be […]

18% GST payable Construction new civil structures Airport Authority India

September 16, 2019 5382 Views 0 comment Print

In re Vishal Infra Structure limited (GST AAR Karnataka) The applicant is undertaking a contract of works contract of construction of a civil structure or any other original works for the Airport Authorities of India. The Department of Personnel and Training, Government of India has shown in the company profile that the shareholding of the […]

Bangalore Development Authority is a Government Authority under GST Law

September 16, 2019 3891 Views 0 comment Print

Bangalore Development Authority is an authority established by the State Government under the Bangalore Development Authority Act, 1976 and it is entrusted with the activity of development of the City of Bangalore and areas adjacent thereto and for matters connected therewith.

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