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Judiciary

E-way bill- Penalty order can be appealed before Appellate Authority

November 5, 2018 16209 Views 0 comment Print

Against the order dated 30.11.2017 the petitioner has an statutory efficacious alternative remedy of filing an appeal under Section 107 of the U.P. Goods and Service Tax Act, 2017 read with Rule 109 A of the Rules.

E-Way Bill- Goods seized- Penalty order passed- Writ cannot be filed

November 5, 2018 1884 Views 0 comment Print

Petitioner has equally efficacious remedy of filing an appeal against the penalty order under Section 107 of the U.P. GST Act, 2017. It is left open to the petitioner to take recourse to the statutory remedy available to him under the law. We are not inclined to entertain this petition at this stage.

Appeal cannot be filed against Seizure of goods in transit or storage

November 5, 2018 3447 Views 0 comment Print

RK Overseas Vs UOI & Ors (Allahabad High Court) On the conjoint reading of sections 107 and 121 of the Act it is thus apparent that though all orders passed under the Act by the adjudicating authority are appealable but not the ones which have been specifically excluded from the purview of appeal under section […]

Transporter downloaded declaration under VAT Act instead of CGST, Act, 2017: HC order release of goods on Tax payment

November 4, 2018 1038 Views 0 comment Print

M/s. Haryana Freight Carrier (P) Ltd. Vs State of UP (High Court Allahabad) The petitioner being transporter has on wrong advice downloaded the transit declaration Form which was prescribed under the VAT Act and has no role so far as the transaction in question is concerned, which is covered by the provisions of the CGST, […]

GST payable on Transportation services by cable manufacturer

November 3, 2018 2679 Views 0 comment Print

Whether the supply of transportation services, (two separate agreements with respect to the supply of goods and services), will be exempt from the levy of GST in terms of SI. no. 18 of the Notification No. 12/2017?

5% GST payable on Earth Work constituting more than 75% of work order

November 3, 2018 161541 Views 1 comment Print

In re M/s. P.K. Agarwala (GST AAR Jharkhand) The term Earth Work has not been defined under any GST provisions. The Webster Dictionary defines Earth Work as ” an embankment or construction made of earth specially one used as a field fortification. The Collins dictionary defines Earth Work as “excavation of earth as in engineering construction; […]

Maharashtra Tax on Lotteries Act, 2006 is Constitutionally valid

November 2, 2018 1953 Views 0 comment Print

Sri Mangal Murty Marketing Vs State of Maharastra (High Court Bombay) As a result, perusal of the Lotteries (Regulation) Act 1988 only regulates the lotteries and the Regulation is in form of the stipulation of terms and conditions when the Government organizes, conduct or promotes a lottery. The intention of the Parliament in introducing Section […]

Interest income from money lending activities is business income despite non-registration of assessee as NBFC

November 2, 2018 24147 Views 0 comment Print

Interest income earned by assessee engaged in money lending in a systematic manner had to be taxed as business income in spite of the fact that assessee was not having registration with RBI as NBFC.

No restriction on Supply of goods on a ‘Bill to Ship to’ under IGST Act

November 2, 2018 4710 Views 0 comment Print

In re Sanjog Steels Pvt. Ltd. (GST AAR Rajasthan) 1. The supply from M/s. SSPL to M/s. X on a ‘Bill to Ship to’ mode as per provisions of Section 10(1) (b) of IGST Act, 2017 is permissible. 2. The applicant can issue an e-way bill in which the ‘bill to’ will be mentioned in […]

GST rate on supply of non-air-conditioned vehicles on hire to Indian Army

November 2, 2018 6621 Views 0 comment Print

In re Pawanputra Travels (GST AAR Rajasthan) The applicable GST rate on supply of non-air-conditioned vehicles on hire to Indian Army? The Service provided by the applicant is not exempted under Notification No. 12/2017 dated 28.06.2017 as this Service does not fall under ‘non-airconditioned contract carriage’ category. The service provided is ‘rent a cab’ Service, […]

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