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Search results for: immovable property

SC's Order in The Case of Commissioner of Service Tax vs. M/S Elegant Developers

Supreme Court: Sale of Immovable Property Not a ‘Service’ Under Finance Act, 1994

The Supreme Court has stated that an activity which concerns the transfer of title in immovable property by way of sale could not be treated as a “service” under the Finance Act, 1994. Therefore, such transactions are not within the ambit of service tax. A judgment was delivered by a bench of Justices J.B. Pardiwala […]

Uttar Pradesh GST AAR's Order for M/S Savfab Buildtech Private Limited

UP AAR: GST Applies to Sale of Residential Units, Classified as Services Not Immovable Property

The sale of residential units of the project is not a sale of immovable property but a sale of services and GST is subject to be levied. Once, the GDA rejects the Completion Certificate to the applicant, the Completion Certificate cannot be stated to be considered approved, Uttar Pradesh Authority for Advance Ruling (AAR) ruled. […]

Gujarat GST AAR's Order for Unique Welding Products P. Ltd.

Gujarat AAR Approves GST ITC Eligibility for Rooftop Solar Plants, Not Comes Under Immovable Property

The Gujarat Authority of Advance Ruling (AAR) has determined that rooftop solar systems, inclusive of installation and commissioning, are considered plant and machinery. In the assessment conducted by the bench comprising Amit Kumar Mishra and Riddhesh Raval, it has been concluded that applicants have the entitlement to claim Input Tax Credit (ITC) on rooftop solar […]

SC's Next Hearing for M/s. Safari Retreats Pvt. Ltd on August 23

SC Will Decide GST Eligibility On Immovable Property at the 23rd Aug Hearing

The Supreme Court, after hearing the case of M/s. Safari Retreats Pvt. Ltd. & Ors. on 23rd August 2023 at 2:00 PM decided the next hearing before the bench of two members, Justice Abhay S. Oka and Justice Sanjay Karol. In the next hearing, the Supreme Court will regulate the Goods and Services Tax (GST) […]

Jodhpur ITAT 's Order for Reetu Devi Nanecha

ITAT: TDS Eligibility U/S 194IA When Immovable Property Surpasses More Than INR 50 Lakhs

In a recent decision, the Income Tax Appellate Tribunal (ITAT), Jodhpur Bench, ruled that TDS under Section 194IA is only applicable when the consideration for transferring immovable property is greater than Rs. 50 lacs. When the assessee filed an appeal against the judgement of the CIT(A), National Faceless Appeal Center, Delhi, dated 20-10-2021, for the […]

GST Rate 18% on Renting of Commercial Space

Commercial Space Renting in Immovable Property will Attract 18% GST Rate

In response to a recent application filed by M/s Karnataka Food and Civil Supplies Corporation, the Karnataka Appellate Authority of Advance Ruling (AAAR) maintained the order of Authority of Advance Ruling (AAAR) and stated that renting of commercial space in the immovable property will attract GST Rate 18% Grab the information of revised GST slab […]

No Deduction for Property Tax

GST: No Deduction for Property Tax from Rent Value of Immovable Services Allowed, KAR AAR

Authority for Advance Ruling (AAR) Karnataka has held that no deduction towards property tax The constant demand from the public has made BBMP extend the deadlines for availing a 5% rebate on property tax from earlier April 30 to current May 31, 2020. Read more from the rent value of immovable services (RIS) is allowed. […]

Kerala HC's Order In Case of Mohammed Salih vs. Assistant Commissioner Of Income Tax

Kerala HC: Bank Account Cash Qualifies as Property Liable for Provisional Attachment U/S 281B

It was carried by the Kerala High Court that cash in a bank account is a ‘property’ liable for provisional attachment u/s 281B of the Income Tax Act. The Division Bench of Justices Sathish Ninan and Shoba Annamma Eapen stated that “the mere fact that a Bank account is not explicitly provided under Section 281B […]

Madras HC’s Order In Case of Tvl. Maxtile AAC Block Vs. State Tax Officer

Madras HC: Officers Can’t Attach Property Under GST If Assessee Commences Appeal Proceedings

Overview The Madras High Court in a judgment addressed the legality of the provisional property attachment u/s 83 of the CGST Act 2017. The same blog explores the court’s decisions for the matter of TVL Maxtile AAC Block Vs State Tax Officer, stating key aspects of tax demand and recovery procedures. Context We know about […]

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