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Landmark Rulings

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5,415 rulings

  1. AAR · 14 Sep 2020
    The product stoves falling under Tariff item No.73218990 would be classified under Entry at 183 of Schedule-II of Notification No.01/2017-Central Tax (Rate) dated January 24, 2018.

    In the matter of Adarsh Plant Protect Ltd.

    (2020) TaxCorp(IDT) 4192 (AAR)

  2. AAR · 14 Sep 2020
    Bio- fertilizers produced is covered by the entry cultures of microorganisms which falls under Sub-heading No.30029030 of the First Schedule to the Customs Tariff Act, 1975.

    In the matter of Novozymes South Asia Pvt. Ltd.

    (2020) TaxCorp(IDT) 4191 (AAR)

  3. AAR · 14 Sep 2020
    Fly Ash Blocks which earlier fell under entry No.177 of Schedule II of Notification no. 01/2017 dated June 28, 2017 was omitted w.e.f. January 01, 2019 and was inserted in in Entry No.225B of Schedule I of the notification from said date.

    In the matter of M/s Dipakkumar Ramjibhai Patel

    (2020) TaxCorp(IDT) 4190 (AAR)

  4. AAR · 14 Sep 2020
    Since the insertion of entry (viia) and (viii) vide said amendment Notification was being nature of clarification of the GST rate in respect of right to use Intellectual Property and similar products other than IPR, the applicability of said residual entry (viii) would be from the date of Not. No. 11/2017- (Rate) Central Tax & shall attract GST rate of 18% (CGST+SGST) from July, 2017 onwards.

    In the matter of Giriraj Quarry Works

    (2020) TaxCorp(IDT) 4189 (AAR)

  5. AAR · 14 Sep 2020
    The applicant is not entitled to the benefit of two different Notifications.

    In the matter of Sayaji Industries Ltd.

    (2020) TaxCorp(IDT) 4188 (AAR)

  6. AAR · 14 Sep 2020
    Applicant is supplying the goods and services on behalf of other taxable person and shall accordingly be covered under the Sr. No. (vii) of the Section 24.

    In the matter of Patrator

    (2020) TaxCorp(IDT) 4187 (AAR) · Section 24

  7. AAR · 12 Sep 2020
    ASSET is an educational assessment exam taken at school and it does not envisage any kind of coaching and/or training of teachers or administrators and the exam is conducted at school and schools, based on their internal policy, make ASSET a part of their evaluation system.

    In the matter of Educational Initiative Pvt. Ltd.

    (2020) TaxCorp(IDT) 4186 (AAR)

  8. AAR · 12 Sep 2020
    Repairing service carried out by the applicant on damaged vehicle supplied by the owner is classifiable under SAC 9987 and GST is leviable @ 18 % in terms of Sr. No. 25 of Not. No. 11/2017-CT (Rate).

    In the matter of AB N Dhruv Autocraft (India) Pvt. Ltd.

    (2020) TaxCorp(IDT) 4185 (AAR)

  9. AAR · 12 Sep 2020
    Applicant’s imported products are parts of general use of plastics and hence cannot be construed as parts for the appliances and machineries of chapter heading 8424.

    In the matter of Nishith Vipinchandra Shah (M/s. Pooja Enterprise)

    (2020) TaxCorp(IDT) 4184 (AAR)

  10. Delhi High Court · 11 Sep 2020
    Respondent to is directed file a counter-affidavit within four weeks.

    Dish TV India Limited vs Union of India

    (2020) TaxCorp(IDT) 4182 (HC-DELHI)

  11. AAR · 11 Sep 2020
    Applicant has provided no evidence to establish that activity of providing service of auditing, accounting, taxation are provided in relation to the any function entrusted to a Panchayat under Article 243G of the Constitution or in relation to the function entrusted to a Municipality under Article 243W of the Constitution.

    In the matter of Dhirubhai Shah & Co. LLP

    (2020) TaxCorp(IDT) 4181 (AAR)

  12. AAR · 11 Sep 2020
    Where the applicant and customer are unrelated parties, the price actually paid or payable for the supply of services includes the value of services as well as the amount for the fuel filled in the aircraft by the applicant, which would be the sole consideration for the supply as per the Section 15(1).

    In the matter of M/s Global Vectra Helicorp Ltd.

    (2020) TaxCorp(IDT) 4180 (AAR)

  13. AAR · 11 Sep 2020
    Since no BUP has been issued by the competent authority in respect of residential flat and since no residential unit has been occupied by prospective buyer, supply of residential flats shall be treated as supply of service in terms Para 5(b) of Schedule-II of CGST Act, 2017.

    In the matter of M/s V2 Realty

    (2020) TaxCorp(IDT) 4179 (AAR)

  14. Supreme Court · 10 Sep 2020
    Petitioner had not only availed fraudulent ITC but also had passed on the same to 6 firms out of which 5 firms were closely held entities of its firm.

    Ashok Kumar vs Commissioner of CGST & Central Excise & Anr.

    (2020) TaxCorp(IDT) 4178 (SC)

  15. Supreme Court · 10 Sep 2020
    NAA being an Authority based in Delhi, it would be administratively more feasible to defend and participate in the proceedings before High Court of Delhi & being a public body based in Delhi, its resources would be best utilized if the cases are transferred to Delhi.

    National Anti-Profiteering Authority vs. M/s Glenmark Pharmaceuticals Limited & Ors.

    (2020) TaxCorp(IDT) 4176 (SC)

  16. Gujarat High Court · 10 Sep 2020
    HC would like to understand from the Revenue whether the omission on the part of the third party (Seller) in filing the GSTR-3B for the relevant period would be sufficient to block the ITC of the Petitioner.

    Kalpsutra Gujarat vs. The Union of India

    (2020) TaxCorp(IDT) 4175 (HC-GUJARAT)

  17. AAR · 09 Sep 2020
    In present case, the applicant is rendering only transportation with some ancillary services and not accommodation, as such does not satisfy the conditions as mentioned under Serial No. 23 (i) {Chapter heading 9985} of Notification No. 11/2017-Central Tax (rate) dated 28.06.2017 as amended, therefore, rate of GST 5% is not applicable to the applicant.

    In the matter of Crown Tours and Travels

    (2020) TaxCorp(IDT) 4172 (AAR)

  18. AAR · 09 Sep 2020
    The applicant qualifies to be a clinical establishment and therefore, the services are covered under Entry 74 (a) of Notification No. 12/2017- CTR dated June 28, 2017 and hence, exempt from GST.

    In the matter of Sri Siddalingappa Palalochana Rakshit (Bangalore Medical System)

    (2020) TaxCorp(IDT) 4171 (AAR) · Section 17(2)

  19. AAR · 09 Sep 2020
    Section 98(2) does not specify as to with whom the issue pertaining to question raised has to be pending but merely provides that it has to be pending or decided under the provisions of the Act.

    In the matter of Tirumla Milk Products Pvt. Ltd.

    (2020) TaxCorp(IDT) 4170 (AAR)

  20. AAR · 09 Sep 2020
    No GST shall be applicable on the nominal amounts recovered by applicant from its employees as no supply of service is provided as per Schedule III. ITC shall be restricted to the extent of cost borne by the applicant i.e. the employer.

    In the matter of Tata Motors Limited

    (2020) TaxCorp(IDT) 4169 (AAR)

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