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Judiciary

Preventive Health Care comes within ambit of ‘Care’, Hence GST is not chargeable

November 14, 2018 2025 Views 0 comment Print

In re TATA Motors Ltd. (GST AAR Jharkhand) Preventive Health Check-up is a preliminary investigation process for diagnosis of illness. Hence it is covered by the definition of Health Care Services and accordingly not chargeable to GST. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, JHARKHAND  Note: Under Section 100 of the JGST Act […]

Supply of service to Companies cannot be regarded as Service to Govt: AAAR

November 14, 2018 1509 Views 0 comment Print

In re IL & FS Education and Technology Services Limited (GST AAAR Odisha) We notice that the Authority for Advance Ruling. Odisha, in their findings (para 5 3 of the Order)has clearly observed that OKCL was promoted by the Higher Technical education department Govt of Odisha and was incorporated under the Compares Act 1956 as […]

Payment of transaction charges allowable as business expense in commodity business

November 14, 2018 1035 Views 0 comment Print

Transaction charges paid to National Multi Commodity Exchange of India (NMCE) was clearly in the course of commodity business and thus, assessee was entitled to claim such expenditure as ‘business expenditure’.

RTI not applicable to non-governmental religious institutions

November 14, 2018 11706 Views 0 comment Print

Religious institutions like temples, churches, mosques, which were not financed/funded by government did not fall within the purview of Right to Information Act, 2005. However, it is desirable to amend the Act at least to bring in its fold all the registered temples/institutions having income over and above a particular limit, to furnish information so as to have a greater vigil with respect to utilization of the monies, conducting affairs transparently and to achieve the objects of the RTI Act.

Corporate Debtor Cannot Maintain Appeal Under IBC : NCLAT

November 13, 2018 2100 Views 0 comment Print

Radius Infratel Pvt. Ltd. Vs Union Bank of India (NCLAT) when the matter was taken up one Mr. Ankit, representative of the Corporate Debtor submits that the lawyer is appearing before the Debts Recovery Tribunal. However, we are not adjourning the case as even on appearance of the counsel we cannot entertain the appeal preferred […]

Sec. 153C Addition cannot be made merely based on Dumb documents

November 13, 2018 6336 Views 0 comment Print

When dumb documents like loose sheets of papers are recovered and revenue wants to make use of it, onus rests on the Revenue to collect cogent evidence to corroborate the noting therein. As AO failed to do so, addition made under section 153C was deleted.

Central Excise and Service Tax Audit for pre GST period | section 174(2)

November 13, 2018 5913 Views 0 comment Print

Suresh Kumar Singhal Vs Union of India (Rajasthan High Court) Provision incorporated in the Constitution Act, 2016 as aforesaid, in no manner, restrict the operation of the provisions of section 174(2) incorporated in CGST Act beyond the period of one year, which provides that repeal of the Acts specified in sub-section (1) of section 174 […]

Service tax not payable on amount received towards mobilization advance of contract from Indian Navy

November 13, 2018 2445 Views 0 comment Print

Hindustan Shipyard Ltd. Vs Commissioner of Central Excise (CESTAT Hyderabad) As far as the amounts received by the appellant from the Indian Navy for the purpose of upgrading their facilities at the shipyard are concerned, they are not linked to the present contract and hence can only be termed mobilization advances not linked to any […]

Mere affidavits of CAs not sufficient to Condone Delay in Filing Appeal

November 13, 2018 1779 Views 0 comment Print

The only change in facts is that there are divergent statements by way of affidavits from two Chartered Accountants, one in favour of the assessee and one is against the assessee. Except this the assessee has not brought out any records to prove its bonafide attempts made in filing appeal against the order passed by the AO.

GST on composite supply with exempt principal supply

November 13, 2018 15597 Views 1 comment Print

In re Columbia Asia Hospitals Private Limited (GST AAR Karnataka) (a) Whether two or more supplies of goods or services which are naturally bundled in which principal supply is exempt and others are taxable, can be treated as composite supply and if yes, principal supply being exempt supply, can the said composite supply be treated […]

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