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Judiciary

Admissibility of ITC on Government Payments via Book Adjustment

July 13, 2023 1548 Views 0 comment Print

 Whether net off of receivables of one GSTIN by another GSTIN of the same company or net-off of receivables with payables of supplier of goods/service would amount to payment to the vendor meeting the compliance requirements of Section 16(4) of CGST Act, 2017.

Limitations of AAR Jurisdiction: Pertaining to Goods or Services Supply by Applicant

July 13, 2023 507 Views 0 comment Print

Explore the GST AAR Kerala ruling on a joint venture between Choice Foundation and Choice Estates. Learn about recipient, fees, and GST on revenue share.

Revenue from operation of hotel/resort taxable under the head “Business income”

July 13, 2023 4140 Views 0 comment Print

ITAT Delhi held that revenue receipt generated from the operation of “Hotel/ Resort” is taxable under the head “Business income” and not under “House Property” as fixed amount was not received in fact revenue was generated on fluctuation basis.

GST on Revenue Share from Educational Institution & Interest-Free Refundable Deposit

July 13, 2023 1728 Views 0 comment Print

GST AAR Kerala ruling on Choice Foundation’s revenue share from educational venture and exemption of GST on interest-free deposits. Clarifies GST applicability on transactions under CGST/KSGST Acts and Notifications 11/2017 and 12/2017.

Order passed u/s 148A(d) would remain subject to order to be ultimately passed in reassessment proceeding u/s 148

July 13, 2023 17721 Views 0 comment Print

Allahabad High Court held that the scope of decision u/s. 148A(d) of the Income Tax Act is limited to the existence or otherwise of information which suggests that income chargeable to tax has escaped assessment. The same would otherwise remain subject to reassessment order passed u/s 148 of the Income Tax Act.

GST not exempt on Construction of Jetty for Indian Coast Guard

July 13, 2023 858 Views 0 comment Print

GST AAR Kerala clarifies Cochin Port Trust’s construction services for Indian Navy as ‘Works Contract’, ineligible for exemption under Notification No.12/2017, but qualifies for 12% GST rate under Notification No. 24/2017 until 17.07.2022.

Construction of Jetty for Indian Navy is work contract & not exempt from GST

July 13, 2023 837 Views 0 comment Print

Construction of Jetty for Indian Navy as per MoU falls within the ambit of Works Contract’ as defined In Section 2 (119) of the CGST Act, 2017,

Addition u/s 40A(3) unsustainable as in liquor business strict adherence to payment via banking channel not practicable

July 13, 2023 1614 Views 0 comment Print

ITAT Delhi held that addition u/s 40A(3) of the Income Tax Act unsustainable as the assessee has sufficiently demonstrated that strict adherence to payment through banking channel is, at times, not practicable and has the potential to severally hamper the ongoing business of trading in liquor.

Wireline logging, perforation and mechanical job service is classifiable under mining service

July 13, 2023 429 Views 0 comment Print

CESTAT Delhi held that service of wireline logging, perforation and other mechanical job is covered under mining service only with effect from 01.06.2007. Accordingly, such services cannot be classified under ‘technical testing and analysis’ and taxed prior to 01.06.2007.

Eligibility for Availing Direct Input Tax Credit on Deposit Works by KSEBL

July 13, 2023 777 Views 0 comment Print

Explore GST AAR Kerala rulings on KSEBL services, reverse charge for rent a cab, and eligibility for input tax credit on deposit works. Get detailed analysis here.

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