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ITC of Central Tax paid in Haryana not available to applicant registered in Raiasthan

January 9, 2019 1212 Views 0 comment Print

Whether the ITC of Central Tax paid in Haryana be available to the applicant who is registered in Rajasthan state, whereby such tax is paid on inward supplies used for business of person registered in Rajasthan?

Registration under GST regime is applicable on place of supply

January 9, 2019 4914 Views 0 comment Print

The registration under GST regime is applicable on place of supply of goods or services or both. Since in the instant case, as per the facts submitted by the applicant, the place of supply is from the state of Rajasthan, thus applicant is required to take registration at Jaipur, Rajasthan only.

Serving of food under Govt sponsored Anganwadi meals program is covered under the scope of supply

January 9, 2019 4827 Views 0 comment Print

In re M/s The Akshaya Patra Foundation (GST AAR Rajasthan) Q1. Whether preparation and serving food to children of Govt Schools under Mid-Day Meal Programme of Govt and serving of food under Govt sponsored Anganwadi meals program is covered under the scope of supply as per section 7 of CGST/RGST Act, 2017? A. Preparation and […]

After sales support service is not a composite supply: AAAR

January 9, 2019 4932 Views 0 comment Print

In re M/s. Toshniwal Brothers (SR) Private Limited (GST AAAR Karnataka) In the instant case there is no dispute that the Agency contract in question involves two taxable supplies of services i.e promotion and marketing service and after-sales support service. However in order for the supply to be termed as a ‘composite supply’, what is required […]

Internal Auditors cannot claim same pay scale parity as of Head Clerk in PSEB: SC

January 8, 2019 1134 Views 0 comment Print

Internal auditors could not claim parity of pay scale as that of the Head Clerk in the Punjab State Electricity Board (PSEB) merely because they were categorised in same Group XII of Head Clerks as the nature of duties and responsibilities of Internal Auditors were different from Head Clerks. 

Deduction u/s 36(1)(va) allowable on contribution to staff welfare fund A/c

January 8, 2019 21684 Views 1 comment Print

Assessee-employer had  contributed a specific amount to each employee which was credited to a Staff Welfare Fund Account alongwith interest thereon and the amounts retained with the employer and the interest accrued in the name of a particular employee, was taxed in the hands of that employee. Hence though there was a common fund and accrual of interest, the same had to be treated as having been credited separately on the employees account in the relevant fund which was permissible for deduction under Section 36(1)(va). 

AAR MP allowed withdrawal of application filed on applicant request

January 8, 2019 1032 Views 0 comment Print

In re Vaau Energy Solutions Pvt. Limited (GST AAR Madhya Pradesh) 1. The present application has been filed u/s 97 of the Central Goods & Services Tax Act, 2017 and MP Goods & Services Tax Act, 2017 (hereinafter also referred to CGST Act and MPSGT Act respectively) by M/S Vaau Energy Solutions Pvt. Limited (hereinafter also […]

GST on Mineral mining rights in lieu of which Royalty

January 8, 2019 876 Views 0 comment Print

In re Kayden Infra Engineering Private Limited (GST AAR Haryana) (a) Since, the applicant is the person responsible to pay GST on the Mineral mining rights in lieu of which Royalty is being paid, at what GST rate should it discharge its GST liability whether at the rate of 5% (Rate applicable on extracted raw […]

GST Ruling cannot be sought by those not covered in Applicant definition

January 8, 2019 879 Views 0 comment Print

in re Woven Fabric & Bags Manufacturers Association (GST AAR Haryana) It appears prima facie that Woven Fabric & Bags Manufacturers Association itself is not in the business of goods in respect of which advance ruling is sought and it has merely submitted a representation in the shape of advance ruling application on behalf of […]

GST Rate on works contract for constructing a civil structure for a Govt entity

January 8, 2019 15636 Views 0 comment Print

The IWAI is clearly not the Government of India, but a Government Entity having no sovereign authority to collect Government revenue. It is, therefore, evident that the Applicant is supplying works contract service for an original work that is meant for commerce and business. It does not, therefore, satisfy the conditions laid down under Serial No. 3(vi)(a) of the Rate Notification.

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