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Judiciary

No Regular bail under GST to accused in bogus bill case

July 24, 2019 996 Views 0 comment Print

Vikas Goel Vs Deputy Director, Directorate General of Goods and Service Tax Intelligence (Punjab and Haryana HC) Petitioner has filed this second petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in a complaint case bearing No.COMA-137 dated 13.11.2018, titled as ‘Shankar Prasad Sarma Versus MICA Industries and […]

Agriculture Mechanical Sprayer classifiable under CTH 8424 of GST

July 24, 2019 17361 Views 0 comment Print

In re M/s. Ravi Masand (GST AAR Madhya Pradesh) The product Agriculture Mechanical Sprayer will merit classification under Chapter Tariff Head (CTH) 8424 of the GST Tariff and with effect from 25.01.2018, the said product would attract GST @12% in terms of Sr.No.195B of Schedule-II to Notification No.01/2017-CT(R) as amended vide Notification No.06/2018-CT(R) dtd. 25.012.018 […]

Selling of container and water is composite supply as principal activity is selling of purified water only

July 24, 2019 4695 Views 1 comment Print

In re Aquaa Care (Surat) RO Technologies Private Limited (GST AAR Gujarat) Where company is selling water in containers whether selling of container and water is composite supply? We agree with the understanding of the applicant as well as that of Jurisdictional office that selling water in containers is composite supply as the principal activity […]

NCLT dismisses 9 IBC plea for payment of interest due to dispute on existence of debt

July 23, 2019 7287 Views 0 comment Print

Steel India Vs M/s. Theme Developers Pvt Ltd (NCLT Mumbai) We have carefully gone through the pleadings on record and pursued the submissions made by the counsels for both the sides. On careful perusal of the documents it is noticed that the Corporate Debtor has already paid the entire Principal amount to the Petitioner, which […]

Order of AAAR on Classification of food supplements under GST

July 23, 2019 7527 Views 0 comment Print

The WBAAR, out of the above 15 products classified 12 products (Serial nos. 2 to 13 of the above table) under HSN 2106, and taxable under SI. No. 23 of Schedule III of Notification no. 1/2017-C.T (Rate) dated 28-06-2017 under the Central Goods and Services Tax Act, 2017 & Notification No. 1125-FT dated 28-06-2017 under the West Bengal Goods and Services Tax Act, 2017, as amended vide Notification no. 41/2017-C.T (Rate) dated 14-11-2017 under the Central Goods and Services Tax Act, 2017 & Notification No. 2019-FT dated 14-11-2017 under the West Bengal Goods and Services Tax Act, 2017,

‘Fanta Fruity Orange’ classifiable under sub-heading 220210

July 23, 2019 1935 Views 0 comment Print

In re Hindustan Coca-Cola Beverages Private Limited (GST AAAR Gujarat) The Gujarat Appellate Authority for Advance Ruling modify the advance ruling order by holding that the product ‘Fanta Fruity Orange’ manufactured and supplied by Hindustan Coca-Cola Beverages Pvt ltd is classifiable under sub heading 2202 10 and GST rate of 28% and GST compensation Cess […]

IBC: Claim not barred by limitation if appellant approaches appropriate forum in time

July 23, 2019 6069 Views 0 comment Print

Explore NCLAT’s decision on limitation in Sanghvi Movers Ltd. vs. Tech Sharp case. Key insights on approaching forums for timely relief and implications for IBC cases.

Unaccounted goods at disclosed place of business are ‘secreted’

July 22, 2019 5352 Views 0 comment Print

Rajeev Traders Vs State Of U. P. (Allahabad High Court) Allahabad High Court held that once it was admitted that assessee had not recorded goods found stored at his disclosed place of business, in his books of account, a presumption of goods having been ‘secreted’ as per CGST Section 67 did arise. Upholding seizure of […]

Tax exemption cannot be denied to education trust merely for providing hostel, transportation & mess facilities

July 22, 2019 2946 Views 0 comment Print

Assessee-society would not cease to exist as educational institute because it was providing hostel facility or transportation facility or mess facility, as it was an incidental to the education purpose of the assessee-society thus, no exemption u/s 11 could be denied to assessee- society. 

Show cause notice is sine qua non to proceed with recovery under GST

July 22, 2019 6951 Views 0 comment Print

LC Infra Projects Pvt. Ltd. Vs Union of India (Karnataka High Court) Section 73 of the Chapter XV of the Act – contemplates that where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised […]

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