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Transaction under MSA between NES India & NES Abu Dhabi is a Zero rated supply

December 19, 2018 10977 Views 0 comment Print

In re Nes Global Specialist Engineering Services Private Limited (GST AAR Maharashtra) Question :- Whether the transaction in question is a Zero Rated Supply or a Normal Supply under GST ACT? Answer :- In view of the discussions we hold that the transaction covered under the MSA dated between the applicant and NES Abu Dhabi […]

GST on installation of Comprehensive ‘CCTV based City Surveillance System’ for Maharashtra Govt.

December 19, 2018 15375 Views 0 comment Print

In re Allied Digital Services Ltd. (GST AAR Maharashtra) Comprehensive ‘CCTV based City Surveillance System’ can be termed as immovable property for following reasons: 1) CCTV based Surveillance System have permanently been fastened to the things attached to the earth. 2) The CCTV based Surveillance System cannot not be shifted without first dismantling it and […]

Benefit of Concessional GST Rate of 12% not available on Contract for business purpose

December 19, 2018 1443 Views 0 comment Print

Now the works under discussion have been undertaken to execute/implement various schemes for constructing sub stations, erection of distribution transformers, implementation of World Bank Projects etc.. Moreover, the above works undertaken by APEPDCL are for business purpose and the benefit of Concessional Rate of 12% (6% under Central tax and 6% State tax) as per notification is not available to the applicant.

GST on Services Provided to NGOs Registered as Charitable Trust

December 19, 2018 17892 Views 2 comments Print

In re Ecosan Services Foundation (GST AAR Maharastra) Question : Services provided to (NGO) Non-profit organization registered as Trust having registration U/s. 12AA of Income Tax Act, amounts to provision of service and any grant/ Donation received towards performing specific service towards preservation of environment as specified in notification no 12/2017, Whether amounts to provision of […]

GST payable on freight charges recovered from customers without issuance of consignment note

December 19, 2018 11370 Views 0 comment Print

In re Siemens Limited (GST AAR Maharashtra) Question:-1. Whether the freight charges recovered by the Applicant under the aforesaid contract from the customer without issuance of consignment note will be eligible for exemption from CGST as prescribed in Serial no. 18 of Notification no. 12/2017 – Central Tax Rate F. No. 334/1/2017, dated 28 June […]

GST on engine manufactured & supplied solely & principally for use in railways/locomotives

December 19, 2018 3591 Views 0 comment Print

In re Cummins India Limited (GST AAR Maharashtra) Question :- Whether engine manufactured and supplied solely and principally for use in railways/locomotives are classifiable under HSN Heading 8408 or under HSN Heading 8607 of the Customs Tariff (which has been borrowed for classification purposes under GST regime) as a part used solely or principally for […]

GST in case of supply of maintenance service with incidental supply of goods

December 19, 2018 11394 Views 0 comment Print

In re Cummins India Limited (GST AAR Maharashtra) Since the supply of maintenance service in the present case is for a single price with supply of spare parts/goods as and when required, the supply of both, goods and services are made in conjunction with each other in the ordinary course of business and therefore considering […]

Kerala HC judgment on Extension of Income Tax Return Due Date

December 19, 2018 2646 Views 0 comment Print

Kerala High Court ruling on Income Tax return deadline. Assessees facing difficulties due to floods can apply for extension under Section 119(2)(b). Waiver for interest/penalty for late payment also allowed.

Distribution of Cenvat credit to other units optional till 2016

December 19, 2018 939 Views 0 comment Print

Bombay High Court has held that it was within the discretion of the assessee whether to utilize Cenvat credit at one of its unit or distribute it amongst other units providing output The High Court however dismissed appeal observing that the entire exercise was revenue neutral as distribution of Cenvat credit to various units would result in lesser service tax being paid by them.

Exemption Use in any other project but for specified work, does not bar exemption

December 19, 2018 1104 Views 0 comment Print

CESTAT Mumbai has allowed benefit of Notification No. 21/2002-Cus. (Sl. No. 230) to hydraulically operated self-propelled piling rig for construction of road in a case where it was alleged that the goods were involved in activities other than those specified.

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