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Judiciary

Tata Harrier vehicle classifiable under Tariff Item 87033291: AAR

March 22, 2019 8235 Views 0 comment Print

In re Tata Motors Limited (GST AAR Maharashtra) Question 1.1 Whether Tata Harrier vehicle, which has following specifications, is classifiable under Tariff Item 8703 32 91 or 8703 32 99 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)? Answer:- In view of the above discussions Tata Harrier vehicle, is classifiable under Tariff […]

AAAR cannot determine the place of supply

March 22, 2019 2292 Views 0 comment Print

In re Micro Instruments (GST AAAR Maharashtra) Coming to the present case, we observe that in order to determine which levy, whether export, or CGST or IGST, will be imposed on the said supply of ‘intermediary services’ of the Appellant, we will have to determine the place of supply. Then only we can determine the […]

GST on packaging materials viz. cut to size blanks manufactured with corrugation

March 22, 2019 16221 Views 1 comment Print

In re TCPL Packaging Limited (GST AAR Maharashtra) Question :- Whether the packaging materials viz. cut to size blanks manufactured by TCPL with corrugation and having requisite creases at designated places, supplied to the Customers in flat form with folding, can be categorized under Tariff Item Code no 4819 and subject to GST @ 12%? […]

Polypropylene Mat plaited using polypropylene Straw falls under CTH 46019900

March 22, 2019 2067 Views 0 comment Print

In re Sameer Mat Industries (GST AAR Tamilnadu) 1. Whether Polypropylene Mat which are plaited using polypropylene Straw falls under Chapter Heading 4601 or 3902? The Polypropylene Mat which are plaited using Polypropylene Straw is classifiable under CTH 46019900 2. What is the  tax rate for Polypropylene Mats ? The applicable tax rate from 1.7.2017 […]

AAR cannot give ruling on ‘Place of Supply’ of goods: AAR Tamil Nadu

March 22, 2019 1476 Views 0 comment Print

The Act limits the Advance Ruling Authority to decide the issues earmarked for it under Section 97(2) and no other issue can be decided by the Advance Ruling Authority. The issue for which Advance Ruling is sought depends on the ‘Place of Supply’ of the goods, which is not in the ambit of this authority. The Application is therefore rejected without going into the merits of the case, on the issue of lack of jurisdiction.

Kalava Raksha Sutra (Braided textile yarns) classifiable under HSN 5607

March 22, 2019 15051 Views 0 comment Print

In re Malli Ramalingam Mothilal (GST AAR Tamil Nadu) Whether Kalava Raksha Sutra is exempted under the Sl.No. 148 in Any Chapter and also classification of HSN code of the product? It is evident that the commodity manufactured by the Applicant is a braided yarn made by a braiding machine which takes in dyed yarn […]

No cessation of trading liability for mere non-submission of confirmation from creditors

March 22, 2019 2007 Views 0 comment Print

Merely because liability was outstanding, it could not be presumed that the said liabilities had ceased to exist. Since the liability did not cease to exist and the assessee had acknowledged debt in his books, the same could not be taxed under section 41(1).

GST on one time concession fees in respect of property given on Long Term Lease

March 22, 2019 2703 Views 0 comment Print

In re Goa Tourism Development Corporation (GST AAAR Goa) The Appellant is registered under the GST Act, 2017 and hold GSTIN: 30AAACG7220K1Z0. The Appellant sought an Advance Ruling in respect of the question whether GST is applicable on one time concession fees charged by the appellant in respect of their property at Anjuna, Goa, which […]

Anti –Profiteering- Dealer cannot escape Responsibility on the ground that he does not have control over pricing

March 22, 2019 1134 Views 0 comment Print

Respondent cannot escape the legal obligation which was imposed upon him by Section 171 of the CGST Act, 2017, by shifting his accountability on this ground. Therefore, the above contention of the appellant cannot be accepted.

Allowance of claim by A.O. on the basis of computation of income cannot be said without application of mind

March 21, 2019 831 Views 0 comment Print

Lakme Lever Private Limited Vs CIT (ITAT Mumbai) As regards the depreciation on non compute fee is concerned, we find that the claim was duly made by the assessee in the computation of income. Hence, it cannot be said that the A.O. has not applied his mind on this issue. In this regard, we place […]

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