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Judiciary

GST on Non-Laminated Bags manufactured from HDPE/PP Strips

December 14, 2018 1515 Views 0 comment Print

In re Hariom Enterprises (GST AAR Uttar Pradesh) Whether non Laminated Bags manufactured by the Applicant from HDPE/PP Strips of width not exceeding 5mm, used for packing sugar (sugar bag), Flour (Flour bag), Food grain (Grain Bag) and other similar bags are classifiable under Tariff Heading 6305 or heading 3923 of the Customs Tariff Act […]

Contract involving supply of goods & services which are inter-connected & inter¬dependent is Composite Contract

December 14, 2018 870 Views 0 comment Print

In Re Data Matics Global Services Ltd. (GST AAR Uttar Pradesh) (i) Whether a contract can be treated as Composite Contract under GST if it involves making of supply of goods and services which are inter- connected and inter- dependent on each other even though BOQ mentions separate value of goods and services. A contract […]

GST payable on reimbursement of delayed payment charges under SEBI regulation: AAR

December 14, 2018 945 Views 0 comment Print

In re SPFL Securities Ltd. (GST AAR Uttar Pradesh) Question – Taxability on delayed payment charges on reimbursement of amount by client to applicant, where client failed to pay amount paid to stock Exchanges for purchase of securities with T+1 (Trading day plus one day) under SEBI regulation norms and deducted by Stock Exchange from […]

Transitional ITC not eligible on Computers, Laptops etc.

December 14, 2018 12735 Views 0 comment Print

In re Ms Geojit Financial Services Ltd. (GST AAAR Kerala) The Computers, Laptops etc. used for providing output service would not qualify as inputs, though they are physically available as on 30th June, 2017, for the purpose of availing transitional ITC input tax credit of the VAT paid during the pre-GST period, under Section 140 […]

GST on Placement of specified medical instruments for use without consideration

December 14, 2018 4233 Views 0 comment Print

In re M/s Abbott Health Care Private Ltd. (GST AAAR Kerala) Placement of specified medical instruments to unrelated customers like hospitals, labs etc. for their use without any consideration, against an agreement containing minimum purchase obligation of products like reagents, calibrators, disposals etc. for a specific period constitute a composite supply, the principal supply being […]

GST on supply of medicines etc. via pharmacy of hospital run by taxpayer

December 14, 2018 34626 Views 0 comment Print

The supply of medicines and allied items to the outpatients through the pharmacy attached to the hospital run by the appellant is taxable under GST.

Cenvat Credit of Service Tax paid on Rent of Infrastructural Facilities allowable

December 13, 2018 3177 Views 0 comment Print

M/s Honda Motorcycle & Scooter Vs CCE & ST (CESTAT Delhi) Conclusion: Cenvat credit is allowable on service tax paid on rent of infrastructural facilities as common facilities availed by assessee on rent basis were in ‘relation to the manufacture of goods’ and an integral part of the overall activity of manufacturing.  . Held: In […]

Addition for Cash deposit in Bank explained without supporting documents justified

December 13, 2018 23400 Views 0 comment Print

Explore Amit Acharya’s case at ITAT Ahmedabad involving unexplained cash credit and disputed capital gains. Understand the key findings and decisions.

Unregistered Partnership Firm can file Suit against Dishonour of Cheque: Delhi HC

December 13, 2018 9612 Views 1 comment Print

In the instant case, the respondent is seeking enforcement of the liability of the petitioners created under Section 30 and 37 of the Negotiable Instruments Act, 1881 as the cause of action for the plaint is based on the dishonour of the said cheques. Since, the suit is not based on any contract between the parties, the bar under Section 69 (2) of the of the Indian Partnership Act,1932 would not apply.

Cenvat reversal on inputs cleared as such FIFO system to be followed

December 13, 2018 516 Views 0 comment Print

In a case involving removal of inputs as such, CESTAT Ahmedabad has held that first-in first-out (FIFO) system must be applied and removal of inputs from the old stock of a manufacturer must be considered. t noted that that the quantity removed from time to time was carried forward from the old stock and the stock balance of the input was much more than the quantity cleared.

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