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TDS under GST not deductible by Co-op society not established by government

September 12, 2019 3567 Views 0 comment Print

In re Karnataka co-Coperative Milk Producers Federation Limited. (GST AAR Karnataka) Whether Karnataka co-Coperative Milk Producers Federation Limited is liable to deduct GST TDS under section 51 of CGST Act on the payments made to suppliers? The issue before us to decide is whether the applicant falls under any of the categories of the persons […]

ITC on capital goods used in erection, commissioning & installation of solar power plant

September 12, 2019 20520 Views 0 comment Print

Applicant seeks clarification on the eligibility of input tax credit in respect of inputs, input services and capital goods received towards erection, installation and commissioning of the solar power plant.

Value of components supplied by contractor to job worker for free not form part of Supply value

September 12, 2019 3696 Views 0 comment Print

In re Hical Technologies Private Limited (GST AAR Karnataka) Whether the value of free of cost supplied by principal not to be included in value of supply by job worker? The nature of supply done by the applicant is one composite supply consisting of two supplies – one relating to the manufacturing service on the […]

AAR cannot give ruling on GST on PMS Services Fee Paid by Non-resident client

September 12, 2019 3411 Views 0 comment Print

In re Banayan Tree Advisors (p) Limited (GST AAR Karnataka) Whether they need to charge GST on the Portfolio Management Services provided to Non-resident client, where the client pays fee in foreign currency from their overseas account to the account of the Portfolio manager? It is clearly evident from the above that the place of […]

Receipt of Dry chilies from farmers & supply to traders-GST Registration as agent applicable

September 12, 2019 30522 Views 0 comment Print

In re Morigeri Traders (GST AAR Karnataka) 1) Whether the applicant is required to be registered under the GST Act? If the answer to the above question is affirmative, then under which section the Commission Agents are to be registered? The applicant, being a commission agent, is required to be registered under Section 22(1) of […]

Section 98(6): AAR bound to dispose Application within 90 days of receipt

September 12, 2019 990 Views 0 comment Print

In re DLF Limited (GST AAR Haryana) Authority for Advance Ruling is bound to pronounce ruling within 90 days of the receipt of application as per Section 98(6) of the CGST/HGST Act. The applicant cannot be granted any further opportunity of hearing. Hence, the application of Advance Ruling is rejected under Section 98(2) of the […]

Incentive received from Government for exploring new market -capital receipt or revenue receipt?

September 12, 2019 2406 Views 0 comment Print

JCIT (OSD) Vs Eastman Exports Global Clothing (P) Ltd. (ITAT Chennai) We have considered the rival submissions on either side and also perused the relevant material available on record. The Market Linked Focus Product Scheme is a scheme promoted by the Director General of Foreign Trade wherein incentive @ 2% on the FOB value of […]

Loan Waiver due to one time settlement cannot be termed as revenue receipt

September 11, 2019 2919 Views 0 comment Print

In the given case, Revenue has challenged the order passed by the ITAT. Here issue under consideration is that, whether, waiver off loan on account by the lender on account of one time settlement of loan can be termed as revenue receipt or not?

Additional depreciation cannot be denied to an entity engaged in business of generation and distribution of power

September 11, 2019 1467 Views 0 comment Print

Pr. CIT Vs NTPC Sail Power Co. Pvt. Ltd. (Delhi High Court) Electricity is capable of abstraction, transmission, transfer, delivery, possession, consumption and use like any other movable property. Following the same logic, to deny the benefit of additional depreciation to a generating entity on the basis that electricity is not an ‘article’ or ‘thing’ […]

ITAT allows set-off of Derivative losses against Business Income

September 11, 2019 3474 Views 0 comment Print

Magic Share Traders Ltd Vs ITO (ITAT Ahmedabad) The issue under consideration is whether a company dealing in ‘derivatives’ could be considered as engaged in speculative business as per Section 73 or not? In the present case, the assessee seeks set off of losses arising from derivative losses as non-speculative business losses. The Revenue had […]

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