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Judiciary

GST on Services of printing or reproducing contents of customers

May 24, 2019 26283 Views 0 comment Print

Whether the activity of merely printing or reproducing the content given by the photographers / retail customers on pen drive, CD, memory card or any other storage media will be classifiable under Service Code 998912 or 998386?

GST on supply/installation/erection and assembly of complete Air Conditioning plants

May 24, 2019 44649 Views 1 comment Print

In re M/s Nikhil Comforts (GST AAR Maharashtra) We observed from the Contract submitted by the applicant that the major part of the contract is supply of goods. i.e. VRF Indoor & Outdoor Units, refrigerant piping with insulation, drain piping with insulation, MS stands, Cabling, Additional Refrigerant and associated electrical works etc. These goods are […]

GST payable on Security Services to University imparting graduation courses

May 24, 2019 15132 Views 0 comment Print

In re Security and Intelligence Services (India) Ltd. (GST AAR Maharastra) We find that the applicant has been given the status of a Deemed University by the University Grants Commission. The UGC was formally established 1956 as a statutory body of the Government of India through an Act of Parliament for the coordination, determination and […]

Breakwater cannot considered to be plant or machinery

May 24, 2019 2466 Views 0 comment Print

The applicant has agreed that the breakwater is an immovable property. To find whether they are eligible to avail ITC of tax paid on the construction of such breakwater we need to find whether the same can be considered to be ‘Plant and Machinery’.

Fake GST Invoice- HC denies Anticipatory bail

May 24, 2019 2187 Views 0 comment Print

Mahendra Kumar Singhi Vs Commissioner of State Tax (High Court of Madras) Section 132 of the Act will apply with all force the moment an invoice or a bill is issued without, movement of goods or Input Tax Credit has been wrongly availed. In the present caser the preliminary investigation reveals that the entities have […]

Allow manual or Online filing of TRAN-1: HC

May 24, 2019 1545 Views 0 comment Print

Respondents are directed to open the portal before 31st of March 2019. In the event they do not do so, they will entertain the GST TRAN-1 of the petitioner manually and pass orders on it after due verification of the credits as claimed by the petitioner. They will also ensure that the petitioner is allowed to pay its taxes on the regular electronic system also which is being maintained for use of the credit likely to be considered for the petitioner.

GST: Dept should have awaited outcome of challenge made to search by petitioner before passing confiscation order

May 24, 2019 1167 Views 0 comment Print

Rimjhim Ispat Limited Vs State Of U.P. (Allahabad High Court) Coming to the question of the validity of the confiscation order passed under Section 130 of the UPGST Act and challenged by the petitioner by means of an amendment application filed. The perusal of the said confiscation order (Annexure-10 to the writ petition) reveals that […]

Bank A/c attachment under GST: writ petition not accepted as Alternative remedy available

May 24, 2019 2700 Views 0 comment Print

Pranit Hem Desai Vs Additional Director General (Gujarat High Court) In the opinion of this court, when the communications dated 4.4.2019 of the Deputy Director, DGGI, AZU itself informs the petitioners that the petitioners have a remedy against the order of attachment by way of filing objection under sub-rule (5) of rule 159 of the […]

No profiteering in absence of reduction in Tax Rate or additional ITC benefit

May 23, 2019 840 Views 0 comment Print

In view of the fact that there was no reduction in the rate of tax nor there was increased additional benefit on account of ITC, the provisions of Section 171 of CGST Act, 2017 could not be invoked in this case.

HC orders release of goods as appellant already deposited tax & penalty

May 23, 2019 1008 Views 0 comment Print

Considering the fact that the petitioner has already deposited tax and penalty under section 129 of the IGST Act, by way of ad-interim relief, the respondents are directed to forthwith release Truck No.HR-55-J-2944 along with the goods contained therein.

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