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Search results for: Goods and Services Tax

Is 18% GST Rate Applicable on 'Loss Margin' in EV Resale? Find Out

GST Confusion: Are You Liable to Pay 18% Tax on EV Resale or Not?

The decision of the Goods and Services Tax (GST) Council to charge an 18% tax on the resale of used electric vehicles (EVs) has made confusion. The explanation Finance Minister Nirmala Sitharaman who directed a tax on the margin value of resales has recommended that individuals selling their used cars shall be obligated to tax. […]

Maharashtra Legislative Council Approves GST Amendment Bill 2024

MH Legislative Council Approves GST Amendment Bill to Validate October Ordinance and Align with Central Policies

Harmonizing State and Central GST Regulations The Maharashtra Legislative Council passed the Maharashtra Goods and Services Tax (Amendment) Bill on December 19, 2024, following its approval in the state assembly. While presenting the bill, Deputy Chief Minister Ajit Pawar emphasized the need for uniformity between state and central GST policies, supporting the “One Nation, One […]

Delhi HC's Order in The Case of M/s Bharti Airtel Limited Vs. Commissioner, CGST Appeals-1 Delhi

Delhi HC: Telecom Towers Are Movable Properties and Eligible for GST Input Tax Credit

Mobile/ telecommunication towers are movable properties, eligible for taking input tax credit under the Central Goods and Services Tax Act, 2017, the Delhi High Court ruled. A division bench of Justices Yashwant Varma and Girish Kathpalia carried that the telecom towers do not come under Section 17(5) of the CGST Act which sets out distinct […]

SC Order in the Case of M/s. Madhan Agro Industries (India) Private Ltd. vs. Commissioner of Central Excise

SC Rules Coconut Oil Used as Edible Attracts 5% GST, While Hair Oil is Taxed at 18%

The Apex court putting to rest a 15-year-old dispute carried that coconut oil in small packages can be categorized as edible oil, and will, thus, draw lower taxes compared to non-edible ones. The Supreme Court said that if the coconut oil is packaged in small bottles and labelled for use on hair then it shall […]

AP HC's Order In Case of M/s. Sri Vijaya Visakha Milk Producers Company Ltd vs. Asst. Commissioner of Central Tax and Others

Andhra Pradesh High Court Reduces GST on Badam-Flavoured Milk from 12% to 5%

It was carried by the Andhra Pradesh High Court that badam-flavoured milk is not counted as a beverage however it is categorized under a particular entry as milk. The case shows another categorization issue under the goods and services tax (GST) regime that reached the courts and baffled both the dairy industry along the assessees. […]

Rajasthan HC's Order In Case of Dharnia Motors vs. Union Of India

Rajasthan HC: CGST Provisions for Time-Bound Submission of GST TRAN-1 Declaration to Claim Credit Are Mandatory, Not Directory

Rules specifying the ‘time and manner’ for claiming transitional credit, in addition to the statutory process furnished u/s 140 of the Central Goods and Services Tax Act 2017, are mandatory, the Rajasthan High Court said. A division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman held that the prescriptions under section 117 of […]

Jharkhand HC's Order In Case of M/s. Ram Constructions vs. Union of India

Jharkhand HC: GST Credit Allowed on Delayed GSTR-3B, Directs Refund of Penalty and Interest to Petitioner

It was held by the Jharkhand High Court that the Goods and Services Tax ( GST) Input Tax Credit ( ITC ) is permissible even on the late filing of the Goods and Services Return GSTR-3B for the FY 2017-18 while asking for a Refund of Penalty & Interest to the petitioner. M/s. Ram Constructions, […]

MP HC's Order in the Case of M/s Anand Steel Trade Name vs. Union of India and Others

MP HC: Double Penalty for Late GST Returns Filing as ‘Arbitrary and Capricious’

It was carried by the Madhya Pradesh High Court that the GST department may not unfairly prejudice the taxpayer via disallowing the Input tax credit (ITC) quoting the late returns post already imposing late fees for the belated Goods and Services Tax (GST) Returns filing. The Madhya Pradesh High Court recently made a ruling on […]

Allahabad HC's Order In Case of M/s Laxmi Telecom vs. State of U.P.

Allahabad HC: Assessee Can’t Submit Mandatory Documents After Plea Acceptance & GST Notice Issuance

It was carried by the Allahabad High Court that the taxpayer could not file for the supply of requisite documents post adjudicating body accepted the appeal placed via them and furnished the notice as per that. The same would be impermissible, certainly in a case where a statutory appeal was available to the filing party,  […]

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