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Judiciary

JDA: No transfer when even permissive possession was not given

August 28, 2019 4389 Views 0 comment Print

Shri A. R. Prasad Vs ITO (ITAT Bangalore) When we compare the terms of possession in the said case as per Para 4 of the tribunal order reproduced above and the terms of JDA in the present case as reproduced above, we find that in both cases, the possession is handed over to the builder […]

Power to attach assets is a drastic step and is to be used sparingly

August 28, 2019 6546 Views 0 comment Print

Gujarat High Court has held that the power under Section 83 of the Central GST Act, 2017 is a drastic power which should be used sparingly and only on substantive weighty grounds. It observed that attachment of bank accounts and trading assets should be the last resort, and that blockage of input tax credit by way of computer entry was illegal.

GST on Desktop supplied with CPU, monitor, keyboard & mouse

August 28, 2019 24462 Views 0 comment Print

The rate of GST applicable on a supply made by the applicant of desktops consisting together of CPU, monitor, keyboard and mouse classifiable under CTH 8471 is taxable @ 9% CGST as per Notification No. 01/2017-C.T. (Rate) dated 28.06.2017 & 9% -SGST under Notification No.II (2)/CTR/532(d-14)/2017 vide G.O. (Ms) No. 72 dated 29.06.2017 as amended if all the units are supplied together with the CPU in a single supply.

GST Rate on Canteen Services Provided to Client- Upto & After 25.07.2018

August 28, 2019 12777 Views 0 comment Print

In the present case also, services in connection with catering are provided by the applicant at a place other than a place of the applicant. Further, the service of catering is provided by the applicant to the recipient and the fact that the meal, snacks, tea etc. are consumed by the workers/employees of the recipient, would not alter the nature of service provided by the applicant.

GST rate on access right to visitor for joy rides in amusement park

August 28, 2019 5811 Views 0 comment Print

The HSC code (Tariff Group/ Heading) for the supply of amusement services in Amusement Park like merry-go rounds and other rides shall be 99969/999691. The rate of tax applicable to the services will be 18% GST.

Gujarat State Examination Board liable for GST registration: AAR

August 28, 2019 807 Views 0 comment Print

In re State Examination Board (GST AAR Gujarat) The applicant has submitted that it is conducting various types of examinations : viz for getting job of teacher for pre primary, primary and secondary school, for getting job as a teacher in Government/Grant-in-Aid School in standard 9 to 12, for getting a job as a Principal […]

GST on charges towards room stay, service charge, breakfast, airport pick up

August 28, 2019 28605 Views 0 comment Print

Whether the invoice of the applicant containing items reflecting charges towards room stay, service charge, breakfast, airport pick up and drop, extra bed form a part of tariff in order to ascertain the rate of GST as per the slabs provided under Notification No.11/2017- Central Tax (Rate) i.e. what will be the liability to pay GST i.e. to say that declared tariff represents only the charges for room stay plus service charge and the customer books only hotel accommodation and the rest optional facilities are procured after checking in at the hotel ?

HC stays GSTR 3B late Fees recovery

August 28, 2019 30975 Views 1 comment Print

Pending admission, hearing and final disposal of this petition, to stay any recovery proceedings for the recovery of late fees for late filing of Form GSTR-3B for the period 1st July 2017 to 30th September 2018 for which returns are furnished between 1st July, 2017 to 21st December, 2018;

Section 148 Notice issued in the name of dead person was invaild

August 27, 2019 7863 Views 0 comment Print

Notice under section 148 issued to a dead person could not be continued against the legal representatives and moreover, section 292B also could not be resorted to.

No addition u/s 69 of cash deposit made from own business activities

August 27, 2019 9153 Views 0 comment Print

Since the cash deposit made by assessee was from the business activities of glass bangle trading business, therefore, no addition under section 69 over and above the returned income would be warranted. 

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