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Search results for: supply under gst

Gujarat AAAR's Order for Rajkot Nagarik Sahakari Bank Ltd

Gujarat AAAR: GST Levy as Incentives from Atma Nirbhar Gujarat Sahay Yojna Are Not Counted as Subsidy

The Gujarat Appellate Authority of Advance Ruling (AAAR) ruled that incentives obtained under the “Atma Nirbhar Gujarat Sahay Yojna” dated May 16, 2020, declared by the Gujarat Government can not be regarded as subsidies, and GST is subjected to be charged. The panel consisting of B V Siva Naga Kumari and Sameer Vakil has affirmed […]

Calcutta HC's Order for M/S. BBA Infrastructure Limited

Calcutta HC: GST Rule Under Section 16(4) Legally Valid Despite Overriding Effect of ITC Provisions

The Calcutta High Court upheld the constitutionality of Section 16(4) of the Central Goods and Services Tax Act, 2017, emphasizing the importance of adhering to time limits for filing Goods and Services Tax Returns over the legal right to claim Input Tax Credit (ITC). The order in appeal on 04.01.2023 is been contested by the […]

Bombay HC's Order for Star Engineers (I) Pvt. Ltd

Bombay HC Permits Rectification of Factual Mistakes in GSTR-1 Beyond Specified Time

A GST assessee is permitted by the Bombay High Court to amend the bonafide mistake in the GST Form GSTR-1 beyond the set time duration. The petition contested a communication dated 27th September 2023 from the respondent-Deputy Commissioner, State Tax. In response to the petitioner’s application to modify or amend form GSTR-1 for the financial […]

Kerala HC Order In Case of Badha Ram vs Intelligence Officer

Kerala HC: GST Officials Can Summon Power to Arrest U/S 69 If Tax Offence Made Out U/S 132

The Kerala High Court clarified that officials are authorized to use their power of arrest according to Section 69 of the Kerala State Goods and Services Act, 2017 if they have reasonable grounds to believe that an offence under Section 132 has occurred and that custodial interrogation is necessary. Section 132 (1) outlines penalties for […]

GST Instruction No. 05/2023 case of Northern Operating Systems Private Limited (NOS)

CBIC Issues Instructions No. 05/2023 GST Proceedings for Salary Secondment U/S 74(1)

On December 13th, 2023, the Central Board of Indirect Taxes and Customs (CBIC) issued a directive instructing officials that the application of section 74(1) of the CGST Act for issuing show cause notices should only occur when investigations reveal concrete evidence of fraud, deliberate misrepresentation, or withholding of facts to avoid tax. Furthermore, this evidence […]

Karnataka GST AAR's Order for M/s. Enzyme Business Center

Karnataka GST AAR: Tax on Damages Received by Tenants Upon Termination of Sublease Agreements

The Karnataka Authority for Advance Ruling (AAR, Karnataka) has ruled that GST applies to damages received by the tenant upon the early termination of a sublease agreement. M/s. Enzyme Business Center, situated at Plot 1546 and 1547, 19th Main Road, HSR Layout, Bengaluru-560 102, submitted an Advance Ruling application under Section 97 of CGST Act, […]

Delhi HC's Order for Indian Oil Corporation Limited

Delhi HC Allows GST Refund to IOCL of Accumulated ITC Due to Inverted Duty Structure

The refund of ITC accumulated because of the inverted duty structure to the Indian Oil Corporation Limited (IOCL) is been permitted by the Delhi High Court. The tax rate levied on the inputs excluding LPG which are more compared to the GST rate levied on bottled LPG. ITC has accumulated based on the tax rate […]

GST Rate and Accurate HSN Code on Construction Services

Current GST Rate and HSN Code on Construction Services

The introduction of GST in construction services has wielded significant influence over the industry’s dynamics. Understanding the nuances of GST within construction work is pivotal for ensuring operational smoothness and financial astuteness. 54th GST Council Meeting: “To clarify that location charges or Preferential Location Charges (PLC) paid along with the consideration for the construction services […]

Ahmedabad GST AAR's Order for Tata Advanced Systems

Ahmedabad AAR: TATA will Charge 5% GST on Supply and Support Services to Airbus

The contract between Airbus and the Tata Group company for aircraft supply to the defence ministry is a “composite supply”. It would draw a 5% goods and services tax (GST), Gujarat Authority for Advance Ruling (AAR) held. As per the contract, 16 of the 56 aircraft shall be supplied via Airbus from Spain to the […]

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