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Judiciary

GST on Project Management Consultancy Services under Contract for PMAY

January 25, 2019 2202 Views 0 comment Print

In re Rudhrabhishek Enterprises Ltd. (GST AAR Uttar Pradesh) Whether the Project Development Service (i.e. Detailed project Report Service) and Project Management Consultancy Services (PMCS) provided by the applicant to recipient under the contract of SUDA; and the Project Management Consultancy Services (PMC) under the Contract for PMAY would qualify as an activity in relation […]

No GST exemption if Applicant use his name on packaging for supply of Products

January 25, 2019 3648 Views 0 comment Print

In re General Mills India Pvt. Ltd. (GST AAR Uttar Pradesh) In respect of point (i) to the grounds of Appeal, we hold that the use of the name of the Applicant i.e. ‘General Mills India Pvt. Ltd on the packaging for supply of Products by the Applicant solely for the limited purpose of complying […]

Deemed Registration on Non-disposal of registration application u/s.12AA within 6 Months

January 24, 2019 4749 Views 0 comment Print

M/s. Kanchipuram Vaniga Vaisya-Dharma Paripalana Sangam Vs CIT (E) (ITAT Chennai) Admittedly, this application seeking registration u/s.12AA of the Act, was filed on 10.07.2014. The Sub-section 2 of Sec. 12AA stipulates that an order granting or refusing the registration under Clause-B of Sub-Sec.2 shall be passed before the expiry of the six months from the […]

Edible oil, Vanaspati & Sugar are agricultural produce for market fee

January 24, 2019 4401 Views 0 comment Print

Supreme Court has upheld High Court Order holding that edible oil, vanaspati and sugar are covered under he definition of agricultural produce under Section 2(1)(a) of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, for the purpose of levy of market fee.

Arrest by DGCEI without SCN is Unconstitutional: SC

January 23, 2019 1257 Views 0 comment Print

Union of India & Ors. Vs Ms. Make My Trip (India) Pvt. Ltd. (Supreme Court) The issue is as to whether the power of arrest under Section 91 of the Finance Act, 1994 can be exercised without following the procedure as set out in Section 73A(3) and (4) of the said Act. The High Court […]

Fees U/s. 234E leviable on all TDS return filed late after 01.06.2015

January 23, 2019 3507 Views 1 comment Print

Irrespective of the period to which the quarterly return pertains, where the return is filed after 1.6.2015, the AO can levy fee under section 234E of the Act.

Non-alcoholic beverage Prohance-D attracts GST @ 18%: AAR

January 23, 2019 2502 Views 0 comment Print

In re Sun Pharmaceutical Industries Ltd. (GST AAR Maharashtra) Chapter heading 2106 of the Tariff specifically covers ‘Food preparations not elsewhere specified or included’ and in view of the submissions made by the applicant it is clear that ‘Prohance-D (Chocolate)’ is a food preparation which is meant to be consumed by people by dissolving the […]

GST AAR application submitted without filing fees is liable for rejection

January 23, 2019 1137 Views 0 comment Print

In re The Kreations Builders & Devlopers (GST AAR Maharashtra) It is mandatory as per section 97(1) read with Rule 104 of the CGST/MGST Act to pay applicable fee of Rs. 5000/- each under SGST and CGST Act to be deposited as per the provision of Section 49 of the Act. If not the application […]

Service Recipient cannot obtain Advance Ruling unless paid GST under RCM

January 23, 2019 2166 Views 0 comment Print

Applicant who is recipient of services cannot obtain GST advance ruling unless the recipient is paying the taxes under reverse charge mechanism on the transaction of receipt of supply.

GST on supply of solar rooftop power plant along with design, erection

January 23, 2019 26583 Views 1 comment Print

In re M/s Premier Solar Systems (P) Limited (GST AAR Uttarakhand) (a) Whether the supply of solar rooftop power plant along with design, erection, commissioning & installation is a ‘composite supply’ and the applicability of GST rate’. Supply in question would covered under “Solar Power Generating System” as a whole in terms of serial no. […]

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