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Composite supply of materials & erection work is supply of service

October 18, 2018 1707 Views 0 comment Print

The composite supply of works contract as defined at Section 2 of CGST Act ‘2017 and MPGST Act, 2017 is treated as supply of service in terms of serial no.6, Schedule II of CGST Act ‘2017 and MPGST Act, 2017.

18% GST payable on Construction of residential flats for MPPGCL

October 18, 2018 3129 Views 0 comment Print

The activity in question definitely does not have any relation to the principal work of power generation entrusted by the state government to MPPGCL, and therefore the works contract service of construction of residential quarters would attract GST @18% (9% CGST + 9% SGST) in terms of Notification No.11/2017-CT Rate dtd.28.06.2017 and corresponding notification under MPGST Act 2017.

No GST on Delayed electricity Payment charges: AAAR

October 18, 2018 3915 Views 0 comment Print

In re M/s TP Ajmer Distribution Limited (GST AAAR Rajasthan) AAAR held that no GST is chargeable on the delayed payment charges collected from the consumers for delay in payment of consideration for supply of electricity. While GST is chargeable on the cheque dishonor charges collected ( by whatever name) from the consumers. Also Read […]

Complete sealing of Premises under GST Act is illegal: HC

October 18, 2018 6615 Views 0 comment Print

M/s. Napin Impex Pvt. Ltd. Vs Commissioner of DGST Delhi (Delhi High Court) The petitioner alleges that its premises were visited by the Revenue authorities on 29.08.2018 when the DGST officials directed production of books of accounts and other documents. Since the petitioner was not in possession of those, it sought 24 hours time for […]

Submit details of GST Refund Claimed/Processed/ Paid/ Pending: HC

October 18, 2018 1041 Views 0 comment Print

Delhi High Court has asked Central Government to file details of (i) GST Refund applications filed and claimed (ii) refund applications pending with amount claimed (iii) refunds which have been issued and (iv) refunds paid by the Central Government and the State Government and (v) steps taken to remove the alleged grievances.

Gujarat High Court stays Service Tax Audit under Rule 5A by CAG

October 18, 2018 8793 Views 1 comment Print

Gujarat High Court granted stay on conducting audit of records of taxpayers under 5A of Service Tax Rules, 1994, by Officers of C&AG who were sending communications through CGST officers.

Assessment cannot be made on dead entity

October 17, 2018 1062 Views 0 comment Print

CIT(A) quashed the reassessment proceedings on the ground that the same has been initiated on a non-existing entity and, therefore, the reassessment proceedings are void ab initio.

HC dismisses petition challenging Jurisdiction to recover Service Tax demand

October 17, 2018 5313 Views 0 comment Print

Laxmi Narayan Sahu Vs Union of India & Others  (Gauhati Cigh Court) Issue Raised Before High Court In all the writ petitions, the demand-cum- show cause notices of various dates issued by the Assistant Commissioner, Central Goods and Service Tax of the district of Dibrugarh and Guwahati respectively are assailed. The said demand-cum-show cause notices are […]

Cenvat credit not to be reversed on waste or by-product generation during manufacturing

October 17, 2018 4452 Views 0 comment Print

If any input is contained in waste by-product or goods the cenvat credit shall not be denied. If rule 6(3) is made applicable in these goods this clarification will stand redundant.

Document seized at group company place cannot be held to be belonging to assessee

October 17, 2018 1347 Views 0 comment Print

Ekdanta Land Pvt. Ltd. Vs ITO (ITAT Pune) It is a settled issue that the seized papers seized from the premises of Jai Corp Group and others cannot be relied upon for making additions in the hands of the land aggregators whose names appeared in the said documents. It is not the case of the […]

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