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Judiciary

Supply of goods or services for ‘setting up of network’ is Composite supply

March 28, 2019 5709 Views 0 comment Print

The supply of goods or services for ‘setting up of network’ would qualify as a Composite supply of works contract as defined in clause (119) of section 2 of the Central Goods and Services Tax Act, 2017.

Fan Coil Unit classifiable under Heading No. 8415: AAAR

March 28, 2019 1863 Views 0 comment Print

In re M/s. Bhutoria Refrigeration Private Limited (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling upheld  the ruling given by the Advance Ruling Authority by observing that the Fan described under 8414 do not at all have any resemblance with a FCU.  Therefore, there is no reason to believe that FCU will be covered […]

Disallowance of business expenditure due to temporary discontinuation of business unsustainable

March 28, 2019 6888 Views 0 comment Print

As intention of assessee to continue the business was clear, business expenditure including, depreciation as claimed by the assessee could not be disallowed due to temporary restrictions.

Builder Guilty of not passing benefit of ITC to purchasers of flats: NAA

March 28, 2019 5733 Views 0 comment Print

It is evident from the above that the Respondent has denied benefit of ITC to the Applicants as well as the rest 64 purchasers of flats in contravention of the provisions of Section 171 (1) of the CGST Act, 2017 and has thus realized more price from them than what he was entitled to charge and has also compelled them to pay more GST than what they were required to pay

No Profiteering as there was commensurate reduction in base price

March 28, 2019 1275 Views 0 comment Print

Kerala State Level Screening Committee Vs M/s Peps Industries Pvt. Ltd (NAA) It is apparent from the perusal of the facts of the case that admittedly there was a decrease in the rate of tax on the said product from 28% to 18% w.e.f. 15.11.2017 but it is also established that the base (excluding GST) of the […]

Allow manual filing of TRAN-1 to petitioner by 31.03.2019: HC

March 28, 2019 2991 Views 0 comment Print

Allahabad High Court directs GST council to address petitioner’s issue with filing GST Tran-1, allowing manual submission if portal issues persist.

GST: HC releases goods seized without complying Section 129

March 28, 2019 6435 Views 0 comment Print

Synergy Fertichem Pvt.Ltd Vs State of Gujarat (Gujarat High Court) In the present case, the show­ cause notice dated 01.03.2019 has been issued under section 130 of the CGST Act calling upon the petitioner to show cause as to why the goods in question as well as the vehicle should not be confiscated for non-payment […]

HC allows revision of GST TRAN-1 for errors due to Technical reasons

March 28, 2019 4575 Views 0 comment Print

M/s. Atria Convergence Technologies Ltd Vs Union of India (Karnataka High Court) Court is of the considered opinion that the petitioner is entitled to revise or rectify the errors in the FORM GST TRAN-1 in terms of Rule 120A wherein the Commissioner is empowered to extend the time period specified in Rule 117. As the […]

Refund of tax under unconstitutional provision of statute will be outside the scope and purview of such enactment

March 27, 2019 2658 Views 0 comment Print

Casa Grande Co-Operative Housing Vs Commissioner of CGST (CESTAT Mumbai) When any provision in the statute has been held to be unconstitutional, refund of tax under such statute will be outside the scope and purview of such enactment and under such circumstances, refund can be claimed by way of a suit or by way of a […]

Penalty for Failure to get accounts audited cannot be levied if books not maintained

March 27, 2019 4131 Views 0 comment Print

Assessee assailed the imposition of penalty under section 271B imposed by AO on account of failure to get accounts audited under section 44AB. Assessee contended that penalty was not justified as no books of account were maintained by assessee.

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