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The product in hand consisting of milk flavored with Badam/Elaichi/Kesar/Rose being ready for consumption beverages based on Milk is specifically excluded under CTH 0402, and not being ‘Whey’, it is not classifiable under CTH 0404 either.
In the matter of Vadilal Industries Ltd.
(2022) TaxCorp(IDT) 6338 (AAR)
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The Supplier of Applicant does not fulfil/satisfy all the conditions required for being a ‘Pure agent’ in terms of provisions of Rule 33 of the CGST Rules, 2017.
In the matter of Enpay Transformer Components India Pvt Ltd.
(2022) TaxCorp(IDT) 6337 (AAR)
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Diesel is covered under Entry 54 to the List II of the Schedule VII to the Constitution of India and therefore it is excluded from levy of GST and hence beyond the scope of Chapter XVII of the CGST Act, 2017.
In the matter of Singareni Collieries Company Ltd.
(2022) TaxCorp(IDT) 6335 (AAR)
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If Applicant’s total collection of monthly maintenance charges plus annual fee called sinking fund exceeds Rs. 7500 for July or August month, GST is leviable.
In the matter of Jayabheri Orange County Owners Association
(2022) TaxCorp(IDT) 6334 (AAR)
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If the petitioner is eligible to claim the said ITC, it become certain that, the petitioner can very well claim that ITC from the concerned jurisdictional State GST Authority, where the petitioner Head Office is located.
Travancore Mats and Mattings Pvt. Ltd vs The Assistant Commissioner
(2022) TaxCorp(IDT) 6333 (HC-MADRAS)
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The GST paid on the procurement of promotional items supplied to the EBOs/franchisees and distributors free of charge will not be eligible for input tax credit since the said supply is a non-taxable supply.
In the matter of Page Industries Limited
(2022) TaxCorp(IDT) 6332 (AAR)
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GST@18% is chargeable on applicant’s work of retro fitting, restoration etc. of civil structures predominantly for Government, Public Sector Undertakings and Government entities.
In the matter of PSK Engineering Construction Co.
(2022) TaxCorp(IDT) 6331 (AAR)
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Applicant is eligible for availing ITC on GST paid for setting up of Fire Water Reservoir and not on Pile Foundation as the same is entrusted as separate work and not the foundation required for the Water Storage Tanks and are not a part of Plant and Machinery.
In the matter of SHV Energy Pvt Ltd.
(2022) TaxCorp(IDT) 6330 (AAR)
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Appellant is liable to pay IGST @18% on reimbursement of expenses to Parent/Holding Company for settlement of credit card liability under reverse charge basis as per Notification No. 10/2017.
In the matter of ICU Medical India LLP
(2022) TaxCorp(IDT) 6329 (AAR)
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Revenue is duly empowered to provisionally release the seized goods, if the requirements of section 67 (6) of the CGST Act read with rule 140 of the CGST Rules are satisfied.
Union of India & Ors. vs. Palak Designer Diamond Jewellery
(2022) TaxCorp(IDT) 6328 (SC)
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Unless there was a change in the circumstances, it was not open for JC to pass another order of provisional attachment, after the earlier order of provisional attachment was withdrawn considering assessee’s representations.
Radha Krishna Industries vs. State of Himachal Pradesh & Ors.
(2022) TaxCorp(IDT) 6327 (SC)
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Status quo, as obtaining today, shall be maintained qua the petitioner.
Yellow Sun Restaurants Pvt. Ltd. vs. UOI & Ors.
(2022) TaxCorp(IDT) 6326 (HC-DELHI)
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Applicant will have to register themselves as a tax- deductor under provisions of Section 24 of CGST Act, 2017 only upon fulfillment of condition of 51%, or more participation of Government by way of equity or control, to carry out any function.
In the matter of National Institute of Design, Paldi, Ahmedabad
(2022) TaxCorp(IDT) 6325 (AAR)
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Supply of goods i.e. fender panel system along with services such as assembly, installation & supervision service would not qualify as a composite supply or a mixed supply.
In the matter of Trelleborg Marine Systems India Pvt. Ltd.
(2022) TaxCorp(IDT) 6324 (AAR)
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Room rent for patients in hospital is exempted in terms of Circular No.27/01/2018-GST and the food supplied to the in-patients, as advised by the doctor/nutritionist, is a part of composite supply of health care and not separately taxable.
In the matter of Shalby Limited
(2022) TaxCorp(IDT) 6323 (AAR)
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The taxable turnover of the petitioner was Rs.15,28,468/-, which is below the threshold limit of Rs.20,00,000/- fixed for tobacco products.
Kishore Kumar Arora vs UOI & anr
(2022) TaxCorp(IDT) 6321 (HC-DELHI)
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Since the circumstances are unique and not such as may be blamed on the assessees, the State would not raise any objection to limitation if the appeal/s is/are filed by aggrieved assessees, within reasonable time.
Kaydee Audio Vision Pvt Ltd. Vs. State of UP & Ors.
(2022) TaxCorp(IDT) 6320 (HC-ALLAHABAD)
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As per Rule 138(10) and in particular second proviso thereof, e-way bills can either be amended or reissued for the selfsame consignment, but bona fide reasons for such change must be justified.
Progressive Enterprise vs State of Tripura and others
(2022) TaxCorp(IDT) 6319 (HC-Tripura)
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There is no stay of the proceeding, yet the time for filing the reply before NAPA is extended by a period of two weeks from today.
Tata Play Ltd. vs. UOI & Ors.
(2022) TaxCorp(IDT) 6318 (HC-DELHI)
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Instant matter is pertaining to large evasion of tax and to investigate the matter in depth the possibility of custodial interrogation of the applicant could not be ruled out.
Shishir Gupta @ Parul Gupta vs. UOI
(2022) TaxCorp(IDT) 6317 (HC-ALLAHABAD)
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