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Landmark Rulings

GST landmark rulings

5,407 rulings

  1. Rajasthan High Court · 31 Oct 2022
    The assessee gave the intimation about the death of the proprietor which fact establishes his bonafides that he is desirous of removing the anomalies and clearing off the tax liability.

    AH Marble Crafts vs Commissioner Tax, Goods and Services Tax

    (2022) TaxCorp(IDT) 6829 (HC-RAJASTHAN)

  2. Delhi High Court · 31 Oct 2022
    ITC will be denied only where purchases are proved to be collusive and in the nature of sham transactions.

    IAN Consultancy LLP vs. Union of India & Ors.

    (2022) TaxCorp(IDT) 6828 (HC-DELHI)

  3. Orissa High Court · 31 Oct 2022
    Amount owed being a highly disputed question of fact, it is not possible for it to calculate on a case-to-case basis the component of the work executed for reimbursement on account of GST in writ jurisdiction.

    Deepak Kumar Das vs. State of Odisha & Ors.

    (2022) TaxCorp(IDT) 6827 (HC-ORISSA)

  4. AAR · 28 Oct 2022
    The activity of tanker body building on job work basis, on the chassis supplied by the customer, is a supply of service, taxable at 18% GST.

    In the matter of New Grand Auto Body Works

    (2022) TaxCorp(IDT) 6826 (AAR)

  5. AAR · 28 Oct 2022
    Coal rejects whose invoice is raised by Applicant upon coal-washery/job-worker is classifiable under HSN 2701, taxable at 5% GST alongwith Compensation Cess @ Rs. 400 PMT in the hands of Applicant.

    In the matter of Punjab State Power Corporation Ltd.

    (2022) TaxCorp(IDT) 6825 (AAR)

  6. Delhi High Court · 28 Oct 2022
    No effect will be given to the communication issued to the petitioner by the office of Commissioner of Central GST Audit-II, Delhi while assessee would be free to approach the respondents for grant of consequential relief.

    Hero Motocorp Ltd vs UOI & ors

    (2022) TaxCorp(IDT) 6824 (HC-DELHI)

  7. Supreme Court · 28 Oct 2022
    Opinion formed by authorities for confiscation reflects no nexus with penal proceedings initiated against assessee.

    The State of Punjab vs. Shiv Enterprises & Ors.

    (2022) TaxCorp(IDT) 6823 (SC)

  8. AAR · 21 Oct 2022
    Activity of Applicant qualifies as a supply of service as per Para 5(b) of Schedule II of CGST Act.

    In the matter of Galaxy Homes Pvt Ltd.

    (2022) TaxCorp(IDT) 6819 (AAR)

  9. AAR · 21 Oct 2022
    Annuity amount received by concessionaire is liable to 12% GST as per entry at Sl. No. 3 (iv) of Notification No. 11/2017-Central Tax (Rate) dated June 28, 2017.

    In the matter of ULCCS Calicut City Infrastructure

    (2022) TaxCorp(IDT) 6818 (AAR)

  10. AAR · 21 Oct 2022
    The services provided by the applicant to the Rebuild Kerala Initiative and the Public Works Department of the State Government are pure services thus, exempted.

    In the matter of Structures India ANZ Project Management Services Pvt Ltd.

    (2022) TaxCorp(IDT) 6817 (AAR)

  11. AAR · 21 Oct 2022
    Outboard motors and its spare parts supplied for use as part of a fishing vessel falling under Customs Tariff Heading 8902 shall attract GST at the rate of 5%.

    In the matter of George Maijo Industries pvt ltd

    (2022) TaxCorp(IDT) 6816 (AAR)

  12. AAR · 21 Oct 2022
    The term 'business' shall not include any activity or transaction undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities.

    In the matter of Kool Home Builders

    (2022) TaxCorp(IDT) 6815 (AAR)

  13. Meghalaya High Court · 21 Oct 2022
    Since there is no failure to pay any amount, in the strict sense, in this case as the show-cause notice only pertained to a claim that had been made to which the assessee was not entitled, this would not be an appropriate case for imposing any penalty.

    Green Valley Industries Ltd vs. UOI & Ors.

    (2022) TaxCorp(IDT) 6814 (HC-MEGHALAYA)

  14. AAR · 20 Oct 2022
    Where Residential Real Estate Project consists of both Affordable Residential Apartments and apartments other than ARA, the developer is liable to pay 1.5% GST on supply of construction services on ARA.

    In the matter of Crescent Builders

    (2022) TaxCorp(IDT) 6811 (AAR)

  15. AAR · 20 Oct 2022
    Cotton Seed is not eligible to avail exemption in payment of GST on Goods Transport Agency (GTA) services.

    In the matter of Ahuja Industries

    (2022) TaxCorp(IDT) 6810 (AAR)

  16. AAR · 20 Oct 2022
    Provisions governing advance ruling does not provide for an applicant to seek a ruling regarding the applicability of the provisions of the Act or the notification issued there under to a third person other than the applicant.

    In the matter of Confederation Of Real Estate Developers' Association of India (CREDAI), Kerala Chapter

    (2022) TaxCorp(IDT) 6809 (AAR)

  17. AAR · 20 Oct 2022
    GST is not applicable for services offered under a scheme to provide subscription-based benefit for compensation in the event of death to members of the Kudumbasree, a State Government agency.

    In the matter of Kerala State Government Insurance Department

    (2022) TaxCorp(IDT) 6808 (AAR)

  18. AAR · 20 Oct 2022
    Applicant’s activities are not covered under the scope of definition of educational institution and are not exempt under S1. No. 66 of Notification No. 12/2017 CT (Rate).

    In the matter of Tutor Comp Infotech India Pvt Ltd.

    (2022) TaxCorp(IDT) 6807 (AAR)

  19. AAR · 19 Oct 2022
    Aplicant is required to obtain separate GST registration in Odisha for works contract service provided to East Coast Railway, Odisha despite having registration in Maharashtra on finding that location of supplier is in State of Odisha.

    In the matter of Konkan Railway Corporation Ltd

    (2022) TaxCorp(IDT) 6805 (AAR)

  20. AAR · 19 Oct 2022
    Services of Bio-mining and scientific closure of legacy wastes at the dumpsite provided by the Applicant to Municipal Corporation are classifiable under SAC 9994 as per Notification no.11/2017 dated June 28, 2017, exempt from GST as per SI.no. 3 of Notification no. 12/2017.

    In the matter of Zigma Global Environ Solutions Pvt Ltd

    (2022) TaxCorp(IDT) 6804 (AAR)

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