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Preparation of a kind used in Animal Feeding- Bio Processed Meal falls under HSN 23099090 and therefore applicant is entitled to clear the goods for specific use of Animal Feeding without payment of GST under serial no. 102 of the Notification No. 02/2017-CTR dated June 28, 2017.
In the matter of Vippy Industries Ltd.
(2020) TaxCorp(IDT) 4008 (AAR)
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Chapter 23.03 covers only residues of starch manufacture and similar residues, beet-pulp, bagasse and other waste of sugar manufacture, brewing or distilling dregs and waste and Chapter Heading 23.09 specifically covers preparations of a kind used in animal feeding.
In the matter of Vivek V. Ratnaparkhi
(2020) TaxCorp(IDT) 4007 (AAR)
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Entry 8 of Notification covers services provided by Govt. or local authority and applicant does not qualify to be a Central Government, State Government or local authority.
In the matter of Atal Bihari Vajpayee Institute of Good Governance & Policy Analysis (AIGGPA)
(2020) TaxCorp(IDT) 4006 (AAR)
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Provision of service in respect of mounting/fabrication activity of bus body on the chassis is outsourced to the Applicant by chassis provider & shall be taxable under the head i.e. SAC 998881.
In the matter of M/s V E Commercial Vehicles Limited
(2020) TaxCorp(IDT) 4005 (AAR)
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One opportunity should be given to the assessee to put forward their case before the concerned respondent in person.
Hitech Projects Pvt. Ltd. vs. UOI
(2020) TaxCorp(IDT) 4004 (HC-GUJARAT)
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The First Appellate Authority has illegally relied upon a Circular No. 107/26/2019-GST dated July 18, 2019 , which was withdrawn vide CircularNo. 127/46/2019-GST dated December 04, 2019 right from its inception so as to allow Revenue’s appeal and disallow Petitioner’s refund claim by wrongly holding it to be Intermediary involved in Export of Services.
Genpact India Pvt. Ltd. vs. UOI & Others
(2020) TaxCorp(IDT) 4003 (HC-P&H)
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Taxability arises in state of Gujarat as supply is in Gujarat, E-way Bill is issued from Gujarat as well as tax assessment and audit will also be in Gujarat and thereby said ruling shall be decided by Gujarat Tax Authoritiy.
In the matter of Apar Industries Limited
(2020) TaxCorp(IDT) 4002 (AAR)
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Petitioner is allowed to deposit the principal profiteered amount in six equated monthly instalments starting from August 15, 2020.
Samsonite South Asia Pvt. Ltd. vs. UOI & Ors.
(2020) TaxCorp(IDT) 4000 (HC-DELHI)
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Provision of facilities is not covered in anti-profiteering measures provided in CGST Rules/Act, hence, said issue cannot be resolved by this Authority.
DGAP vs. Adarsh Thought Works Pvt. Ltd.
(2020) TaxCorp(IDT) 3996 (NAA)
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The interests of justice would be best served if the declaration submitted by the Assessee in October, 2019 along with September, 2019 is treated as discharge of Assessee’s liability of August, 2017 within the period stipulated under the GST laws.
Vishnu Aroma Pouching Pvt Ltd vs. Union of India
(2020) TaxCorp(IDT) 3995 (HC-GUJARAT)
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ITC availed as per the conditions specified therein shall be allowed for discharging the liability towards supply of coal and supply of coal handling and distribution charges.
In the matter of Agarwal Coal Corporation Pvt. Ltd.
(2020) TaxCorp(IDT) 3991 (AAR)
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Construction of swimming pools/wave pools/machine room are independent items and not support structure for a plant and only civil structures thus, not eligible for ITC.
In the matter of Atriwal Amusement Park
(2020) TaxCorp(IDT) 3990 (AAR)
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Applicant shall not be entitled to avail ITC of tax paid on lift to be installed in hotel building which in turn is used for providing taxable service.
In the matter of Jabalpur Hotels Private Limited
(2020) TaxCorp(IDT) 3989 (AAR)
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Assessee is directed to file a comprehensive application manually with Revenue seeking payment of the outstanding interest on the balance.
ESS AAR Automotive Pvt Ltd vs. Union of India & Ors.
(2020) TaxCorp(IDT) 3988 (HC-DELHI)
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Petitioner also prayed for declaration to declare the Rule 117 of the CGST Rules, 2017 providing time limit to file TRAN-1 as ultra vires and in violation of Section 140 of the CGST Act.
Balaji Implex vs. Union of India & Ors.
(2020) TaxCorp(IDT) 3987 (HC-DELHI)
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The services provided by applicant are exempt as per Notification no. 12/2017 as further amended by Notification No. 32/2017.
In the matter of M/s. Zigma Global Environ Solutions Private Limited.
(2020) TaxCorp(IDT) 3977 (AAR)
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Commissioner CGST/SGST Maharashtra is directed to ensure that the amount profiteered by the Respondent is deposited in the Consumer Welfare Fund
DGAP vs. Neeva Foods Pvt. Ltd
(2020) TaxCorp(IDT) 3976 (NAA)
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Applicant is a society which consists of 9 members out of which 7 are officers/employees of the Government of Andhra Pradesh that qualifies for 77% of Government control falling short of the designated 90% as required by the Act.
In the matter of Sri Satya Sai Water Supply Project Board
(2020) TaxCorp(IDT) 3975 (AAR)
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In case of sale or transfer, the transferor can transfer unutilised ITC to the transferee, which is lying in his electronic credit ledger, by filing Form GST ITC-02.
In the matter of Shilpa Medicare Limited
(2020) TaxCorp(IDT) 3971 (AAR)
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Services provided to recipient located outside India shall attract IGST as per Section (7)(5)(c).
In the matter of DKV Enterprises Private Limited
(2020) TaxCorp(IDT) 3970 (AAR)
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