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Judiciary

Admissibility of input tax credit of IGST paid on ‘bill to ship to’ model

November 2, 2018 7299 Views 0 comment Print

In re Ms. Umax Packaging (GST AAR Rajasthan) Whether ITC of IGST paid on ‘bill to ship to’ model admissible to the applicant? M/s Umax Packaging, Jodhpur is eligible to claim the input tax credit (ITC) of IGST paid on ‘bill to ship to’ model as per the relevant provisions of Section 16 and 17 […]

IIM is an Educational Institution’ eligible for GST exemption

November 2, 2018 2916 Views 0 comment Print

In re Indian Institute of Management (GST AAR Kolkata) Applicant, Indian Institute of Management (IIM) is an ‘Educational Institution’ within the meaning of sub-clause (ii) of clause 2(y) of the Exemption Notification in terms of the IIM Act. Exemption under Entry no. 66(a) is applicable to such educational institutions as such, especially as the law mentions […]

GST on Toll Taxes reimbursed by clients & its deduction form supply value

November 2, 2018 17493 Views 0 comment Print

In re Premier Vigilance & Security Pvt Ltd (GST AAR West Bengal) Whether toll charges reimbursed by the clients are eligible for deduction u/r 33 from the value of supply? The toll is charged for providing the service by way of access to a road or bridge (SAC 9967). The Applicant, being the owner of […]

Toll charges not deductible from the value of supply under rule 33

November 2, 2018 2940 Views 0 comment Print

In re Premier Vigilance & Security Pvt Ltd (GST AAR West Bangal) Toll charges paid are not to be excluded from the value of supply under Rule 33. GST shall, therefore, be payable at the applicable rate on the entire value of the supply, including toll charges paid. The Applicant is not acting as a […]

CESTAT warns Commissioner (A) of penal action for not respecting its decision

November 2, 2018 1431 Views 0 comment Print

Commissioner (A) has not respected the order of this Tribunal required to be penalized. Therefore, the ld. Commissioner (A) is directed to take care in future to avoid any penal action from this Tribunal.

House Property which cannot be let out is not taxable on notional basis

November 2, 2018 2100 Views 1 comment Print

Jagat Singh Vs ACIT (ITAT Delhi) Ld. AR submitted that assessee owned two properties, first property is a farm house situated at Dera Mandi, New Delhi and second property is Gobind Mension, Bharatpur. It is submitted that farm house situated at Dera Mandi, New Delhi is self occupied property, and second property at Bharatpur is […]

HC order release of goods detained for typographical error in e-way bill

November 2, 2018 12213 Views 1 comment Print

Sabitha Riyaz Vs  Union of India (Kerala High Court) The petitioner, a trader, transported natural rubber. After generating e-way bill, she sent a consignment to Uttarakhand, with all the relevant records. But it was seized by the State Tax Officer, Uttarakhand, the additional 11th respondent. The ground for detention is that in the e-way bill the […]

Seizure of goods merely for partly wrong Truck No. on E-way Bill is harassment of dealer: HC

November 2, 2018 4563 Views 0 comment Print

Surprisingly, neither the mobile squad authority nor the appellate authority appreciated the claim of the petitioner that it is due to mistake or human error the vehicle number (particularly last two digits) are mentioned different which in the instant case are 83 in place of 38. This Court is unhappy with the conduct of the authorities and it is nothing but a clear cut case of harassment of the petitioner/dealer.

Seizure of goods for E-way bill illegal, if seized before time fixed to reply

November 2, 2018 1392 Views 0 comment Print

Singh Tyres Vs State Of U.P. And Another (Allahabad High Court) From perusal of the record, we find that the goods were transported from one place to another within the State of U.P. and were accompanied by the requisite documents and requisite E-Way Bill has also been produced by the petitioner before the respondent no. 2 […]

Mere inadmissibility of Credit availed not enough to allege Suppression of Facts

November 1, 2018 1926 Views 0 comment Print

Medisray Laboratories P. Ltd. Vs CCGST (CESTAT Mumbai) Coming to the statutory audit procedure, the purpose of audit, as available in the Manual published by the Institute of Chartered Accountants of India in respect of EA audit and CERA audit under Chapter 17 is that the idea behind such conduct of verification is to reasonably […]

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