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Judiciary

No option to Restaurants to pay GST @ 18% with input tax credit

August 21, 2018 38784 Views 1 comment Print

In re Coffee Day Global Limited (GST AAR Karnataka) The Applicant is in the business of running restaurants under the name and style of Café Coffee Day where non-alcoholic beverages and food items are served. Notification No.46/2017 dated 14.11.2017 provides that restaurants can pay GST @5% (CGST-2.5% and SGST-2.5%), provided they do not avail input […]

PVC floor Mat would fall in Customs Tariff heading 3918: AAAR

August 21, 2018 5199 Views 0 comment Print

Read about the appeal of M/s. National Plastics Industries Ltd. (GST AAAR Maharashtra) regarding the classification and GST rate applicable to PVC floor mats. The Appellate Authority affirms the ruling, specifying the applicable rate under certain conditions.

GST on Activity of building and mounting of body on Bus Chassis

August 21, 2018 2382 Views 0 comment Print

In re Automobile Corporation of Goa Ltd (GST AAR Goa) Whether the activity of building and mounting of the body on the chassis by the Applicant will result in supply of goods under HSN 8707 or supply of services under HSN 9988. The Activity of building and mounting of the body on the chassis provided […]

Sec. 68 addition of undisclosed credit liability justified in case of non-satisfactory explanation

August 20, 2018 1830 Views 0 comment Print

Pawan Kumar Garg Vs CIT (Punjab and Haryana HC) Conclusion: If the explanation offered by assessee regarding nature and source of sum credited in his books of account was not found satisfactory by AO, the said sum could be charged to income tax under section 68. Held: During assessment proceedings, AO noted that credit liability […]

No disallowance U/s. 14A in absence of actual receipt of income which is not includible in total income

August 20, 2018 2127 Views 0 comment Print

The expression does not form part of the total income in Section 14A envisages that there should be an actual receipt of the income, which is not includible in the total income, during the relevant previous year for the purpose of disallowing any expenditure incurred in relation to the income in question

Helicopters Hire services Amount to ‘Supply of Tangible Goods Service’

August 20, 2018 7878 Views 0 comment Print

M/s Escorts Limited Vs CST (CESTAT Delhi) It is not in dispute that the appellant is in possession of permit to operate ‘Non-scheduled Air Transport Services and have been permitted to use Bell-407 helicopter with the sitting capacity of six persons. The permit further stipulate that it is for passenger services and has been renewed […]

Leasing stalls and land not fall under business exhibition services

August 20, 2018 942 Views 0 comment Print

M/s. Karnataka Exhibition Authority Vs C.C.,C.E.& S.T (CESTAT Bangalore) Karnataka Exhibition Authority had leased out the land having stalls, by way of tender”. We are of the considered view that leasing stalls and land will not fall under the category of „business exhibition services‟as held by the Revisionary Authority. The learned Departmental Representative has relied upon […]

Dhatri Hair care & Massage Oil are Ayurvedic Medicament

August 20, 2018 2178 Views 0 comment Print

C.C. Vs Warrier’s Hospital & Panchakarma Centre (CESTAT Bangalore) Dhatri Hair Oil and Dhatri Massage Oil fall under drugs and cosmetics falling under Chapter 30 of Central Excise Tariff as they have fulfilled the following conditions laid down by the Hon’ble Supreme Court in the case of Dabur India Vs. C.C.E. 2005 (182) ELT 290 […]

No Service Tax on Leasing of water bodies for fishing rights

August 20, 2018 3219 Views 0 comment Print

Department of Fisheries Vs Commissioner of Central Excise & Service Tax (CESTAT Delhi) Leasing of water bodies for fishing purposes is same as leasing of vacant land for aquaculture and therefore, same is fully covered under the exclusion clause of Section 65 of the Finance Act, 1994 and hence not leviable to Service tax. Thus, […]

Service Tax Payable on Fees retained on Courses Run through affiliated centers

August 20, 2018 747 Views 0 comment Print

The appellant has developed a course relating to Diploma in Advance Software Technology. Such course has been run through affiliated centers and out of the fee charged from the students, 25 per cent of the fees has been retained by the appellant. Revenue’s case is that Service Tax is liable to be paid on the said amount retained, under the category of Franchise Services.

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