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AO can’t ask for the pre-deposit for stay of demand without examining the facts and circumstances of the case.

Assessee was a trust that managed a school, affiliated to State Matriculation Board. Assessment under section 153A was made pursuant to search and seizure action under section 132. It filed appeal against assessment order. In meanwhile, assessee also filed an application seeking stay of recovery of disputed demand. Assessing Officer (AO) passed an order under […]

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Capital gain exemption shall be limited to actual sale consideration and not stamp duty value.

Assessee sold a plot of land for consideration of Rs. 25 lakhs and invested entire amount in bond as specified under section 54EC. In return of income, assessee declared long-term capital gain on transfer of land at Rs. 21.19 lakhs and claimed full exemption of such capital gain under section 54EC. During scrutiny assessment, Assessing […]

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Application was to be referred to AAAR when members of AAR expressed different views on issues raised by applicant

GST: Where applicant has various business activities such as procuring tobacco leaves from farmers as well as from traders and acting either as commission agent or as seller and it sought advance ruling on tax liability for certain business activities, as Members of Authority expressed different views on issues raised by applicant, application was referred […]

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‘Transport Tank’ mounted on chassis is classified as Tank & not as a Motor Vehicle, GST @18% applies

GST : Where applicant is engaged in manufacture of transport tank and it supplies same by mounting on chassis of customer, product ‘transport tank mounted on chassis of customer’ is classifiable under Heading No. 7311 ■■■ [2019] 104 taxmann.com 196 (AAR – GUJARAT) AUTHORITY FOR ADVANCE RULINGS, GUJARAT Inox India (P.) Ltd. In re*R.B. MANKODI AND G.C. JAIN, […]

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Two separate rates of GST shall apply in case of a Composite Supply; if provided by law

GST: Where applicant is engaged in manufacture of ‘Solar Rooftop Power Plant’ and ‘Solar Irrigation Water Pumping Systems’, supply of said goods would be covered under ‘Solar power generating system’, i.e., under Chapter 84, 85 or 94 GST: Where applicant is engaged in manufacture of ‘Solar Rooftop Power Plant’ and ‘Solar Irrigation Water Pumping Systems’, […]

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‘Scented Betel Nut’ is classified under Heading No. 2106 90 30, GST @ 18% applies

GST/Excise/ST/VAT : Where assessee was engaged in manufacture of ‘Scented Betel Nut’ [Nizam Pakku], said product would be classifiable under Heading No. 0802 90 19 ■■■ [2019] 104 taxmann.com 224 (Chennai – CESTAT) CESTAT, CHENNAI BENCH Azam Laminators (P.) Ltd. v. Commissioner of Central Excise, Trichy*MS. SULEKHA BEEVI, JUDICIAL MEMBER AND MADHU MOHAN DAMODHAR, TECHNICAL MEMBER FINAL […]

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Natural Calcite powder is a ‘calcite’ in powder form classified under HSN code 25309030, attracts 5% GST

GST : Natural Calcite Powder is classifiable under HSN Code 25309030 and attracts GST at rate of 5 percent (CGST at rate of 2.5 percent and SGST at rate of 2.5 percent) • The applicant was a trader in Natural Calcite Powder and other minerals. It was engaged in trading of importing the Natural Calcite […]

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Interest will be levied on both cash & ITC component if there is a delay in filing of GST return

[2019] 104 taxmann.com 393 (TELANGANA) HIGH COURT OF TELANGANA Megha Engineering & Infrastructures Ltd. v. Commissioner of Central TaxV. RAMASUBRAMANIAN AND P. KESHAVA RAO, JJ. WRIT PETITION NO. 44517 OF 2018 APRIL  18, 2019  Gandra Mohan Rao for the Petitioner. B. Narasimha Sarma, Sr. Standing Counsel for the Respondent. ORDER V. Ramasubramanian, J. – Aggrieved by a demand made by the […]

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■In view of the aforesaid, the impugned order of the Commissioner (Appeals) cannot be sustained and required to be set aside. [Para 9]

SECTION 10, READ WITH SECTION 148, OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – COMPOSITION LEVY – NOTIFIED CLASS OF REGISTERED PERSONS WHO SHALL FOLLOW SPECIAL PROCEDURE FOR FURNISHING OF RETURN AND PAYMENT OF TAX NOTIFICATION NO. 21/2019-CENTRAL TAX [F.NO.20/06/16/2018-GST], DATED 23-4-2019 In exercise of the powers conferred by section 148 of the Central […]

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