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Landmark Rulings

GST landmark rulings

5,427 rulings

  1. AAR · 25 Jul 2019
    Goods in a Bonded Warehouse, which is a customs-controlled warehouse, has not been cleared for home consumption and would be covered by Clause 8(a) of Schedule III to the CGST Act, 2017 thereby being exempt from GST.

    In the matter of Wilhelmson Maritime Services Private Limited

    (2019) TaxCorp(IDT) 2931 (AAR)

  2. AAR · 25 Jul 2019
    Pharmacy run by hospital dispensing medicine to outpatients or bye standers or others can be treated as individual supply of medicine and it is not complete full chain of treatment activity as given to the admitted inpatients for the specific illness by the Doctors or Hospitals.

    In the matter of Terna Public Charitable Trust

    (2019) TaxCorp(IDT) 2930 (AAR)

  3. AAR · 25 Jul 2019
    Services provided would be exempt since it falls under the various exempt services in the article 243 W of the constitution of India as well as services rendered to a local authority.

    In the matter of Vidarbha Infotech Pvt. Ltd.

    (2019) TaxCorp(IDT) 2929 (AAR)

  4. AAR · 25 Jul 2019
    Door-handle, Fittings made of plastic for motor vehicle’s doors such as bracket, housing, bracket housing, stator, gasket and Glove box locking are classifiable under Chapter 3926 taxable at 18% GST.

    In the matter of Nexture Technologies Private Limited

    (2019) TaxCorp(IDT) 2928 (AAR)

  5. AAR · 25 Jul 2019
    Refrains from examining whether liability to pay tax in respect of various services rendered by applicant to their group company situated abroad can be assessed based on taxability as accorded to Zero-rated supply.

    In the matter of Cummins Technologies India Private Limited

    (2019) TaxCorp(IDT) 2927 (AAR)

  6. AAR · 25 Jul 2019
    Applicant is supplying services falling under SAC 998386 and the subject transaction is therefore covered under Entry 21 of Notification No. 11/2017-Central Tax (Rate) dated June 28, 2018 liable to 18% GST.

    In the matter of Colo Color

    (2019) TaxCorp(IDT) 2926 (AAR)

  7. Gujarat High Court · 25 Jul 2019
    Directs Revenue to redress the grievance of petitioner by allowing him to file GST TRAN-2 on or before April 30, 2019.

    Wipro Enterprises Private Ltd. vs. Union of India and Ors.

    (2019) TaxCorp(IDT) 2925 (HC-GUJARAT)

  8. Gujarat High Court · 25 Jul 2019
    Release of goods and vehicle detained u/s 130 of the CGST Act, 2017 pending the confiscation proceedings, subject to the writ applicant executing a personal bond of tax amount and penalty is ordered.

    M.K. Traders vs. Union of India

    (2019) TaxCorp(IDT) 2924 (HC-GUJARAT)

  9. Allahabad High Court · 25 Jul 2019
    Directs the Revenue to ensure that the petitioner’s application before the Nodal Officer regarding inadvertent error in filing TRAN-1 may be called upon by him and pass appropriate orders on it expeditiously.

    Ganpati Advisory Limited vs. Union Of India And Others

    (2019) TaxCorp(IDT) 2923 (HC-ALLAHABAD)

  10. Delhi High Court · 25 Jul 2019
    Assessee be correspondingly permitted to file the return in TRAN-2 and the penalty and interest for late filing of GSTR-3B be waived off.

    Blue Bird Pure Pvt. Ltd. vs. Union of India & Ors.

    (2019) TaxCorp(IDT) 2922 (HC-DELHI)

  11. Delhi High Court · 24 Jul 2019
    Till the next date, assessee will not be required to furnish information to the DGAP pursuant to the impugned notice other than information pertaining to the Complained Product.

    Reckitt Benckiser India Private Limited vs. Union of India

    (2019) TaxCorp(IDT) 2921 (HC-DELHI)

  12. AAR · 23 Jul 2019
    The use of plastic does not alter the position of the product and it still predominantly remains a product manufactured of iron and steel and therefore declares that it should be taxed under chapter 7323- articles of iron and steel’ at 12% rather than being regarded as a plastic mug taxed under chapter 3924- articles of plastic’ at 18%.

    In the matter of R.K. Industries.

    (2019) TaxCorp(IDT) 2915 (AAR)

  13. AAR · 23 Jul 2019
    Instrument Cluster supplied by the applicant merits classification under HSN 8708 as ‘parts of motor vehicles’, liable to 28% GST.

    In the matter of Imperial Motor Stores

    (2019) TaxCorp(IDT) 2914 (AAR)

  14. AAR · 23 Jul 2019
    AAR does not have jurisdiction to pass any ruling on such matters/ questions being outside the scope of Section 97(2).

    In the matter of Kabra Galaxy Star 3 Co-Op Housing Society

    (2019) TaxCorp(IDT) 2913 (AAR)

  15. AAR · 22 Jul 2019
    Net ITC only considers ITC on inputs for computing the amount of eligible refund, therefore, any portion of ITC availed on ‘input service’ is not available as refund under CGST Rules, 2017.

    In the matter of Daewoo-TPL JV

    (2019) TaxCorp(IDT) 2912 (AAR)

  16. AAR · 22 Jul 2019
    Since online tendering and offline tendering as a service are not specifically mentioned anywhere, these services should be treated as supply of service and should be taxed under residual Service Heading 9997.

    In the matter of M/s. Navi Mumbai Municipal Coproration

    (2019) TaxCorp(IDT) 2910 (AAR)

  17. Kerala High Court · 22 Jul 2019
    Only when there is non-compliance with Rule 8 that the proper officer can seek clarification on information or documents furnished along with the application for registration.

    State of Kerala & Ors. v. West Bengal Lottery Stockists Syndicate Private Limited & ors.

    (2019) TaxCorp(IDT) 2909 (HC-KERALA)

  18. AAR · 19 Jul 2019
    Machinery, for the treatment of materials by a process involving a change is temperature such as cooking, other than machinery of a kind used for domestic purpose are squarely covered under the given entry.

    In the matter of V.V. Enterprises Private Limited.

    (2019) TaxCorp(IDT) 2905 (AAR)

  19. AAR · 19 Jul 2019
    Gear motors is not a mixed supply as claimed by applicant since in the invoice and purchase order of the applicant it is stated that the supply is a geared motor which is a single supply and not two individual supply of electric motors and gear boxes.

    In the matter of Rossi Gear Motors India Private Limited

    (2019) TaxCorp(IDT) 2904 (AAR)

  20. AAR · 19 Jul 2019
    Lease agreement is Lease Agreement of immovable property classifiable under HSN 9972, taxable at 18%.

    In the matter of Greentech Mega Food Park Pvt. Ltd.

    (2019) TaxCorp(IDT) 2903 (AAR)

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