Judgements and Orders, Supreme Court and High courts of India
No service tax is to be levied on renting immovable property when sharing profits
Bimal Jain 27 July 2023 at 11:25
The CESTAT, Chennai in M/S. Hotel Shreelekha Regency Limited [Service Tax Appeal No. 40073 of 2014 dated July 14, 2023] set aside the order demanding service tax on rental property and held that, income received from rent by assessee is not subject t
No GST to be charged from State government being not a recipient under GST
Bimal Jain 26 July 2023 at 14:36
The AAR, West Bengal, in the matter of M/s. Chanchal Saha [Advance Ruling No.09/WBAAR/2023-24 dated June 26, 2023] ruled that the assessee is supplying goods to ration card holder and not to State government and since, the recipient is ration card ho
Payment of dues: IBC overrides provision of the Electricity Act
Bimal Jain 26 July 2023 at 14:36
The Hon'ble Supreme Court in the matter of Paschimachal Vidyut Vitran Nigam Limited v. Raman Ispat Private Limited [Civil Appeal No. 7976 of 2019 dated July 17, 2023] held that Section 238 of the Insolvency and Bankruptcy Code, 2016 ("IBC") overrides
Traders of second-hand gold ornaments not eligible for GST margin scheme
Bimal Jain 26 July 2023 at 14:36
The AAR, Kerala, in the matter of M/s Best Money Gold Jewellery Ltd. [Advance Ruling No. KER/06/2023 dated March 02, 2023] ruled that value of gold will not diminish even if it is exchanged among 10 different users in a span of 2 years as a jewellery
'Kandi Ravo' a tobacco waste to be classified under tariff entry 24013000
Bimal Jain 22 July 2023 at 16:48
The AAR, Gujarat, in the matter of Devendrakumar Rambhai Patel [Advance Ruling no. CUJ/GA ANN2O23/21 dated June 12, 2023] ruled that ‘Kandi Ravo’ the unmanufactured tobacco, made by crushing tobacco refuse and mixing it with natural clay & water is a
No GST on fees paid to State government for change of land description
Bimal Jain 22 July 2023 at 09:44
The AAR, Kerala, in the matter of Manappuram Finance Limited [Advance Ruling No. KER/13/2023 dated April 03, 2023] ruled that the payment made to state government for the change of land description does not attracts GST since, the service provided by
Book adjustment a valid method of consideration under GST
Bimal Jain 21 July 2023 at 12:46
The AAR, Kerala, in the matter of Paragon Polymer Products Private Limited[Advance Ruling No. KER/03/2023 dated March 02, 2023] ruled that ITC is admissible for goods purchased from outsourced vendors when the consideration is settled through book ad
Revenue Department cannot seize cash during the inspection
Bimal Jain 21 July 2023 at 09:30
The Hon'ble Kerala High Court in DhanyaSreekumari v. State Tax Officer (IB) [WP(C) No. 21772 of 2022 dated June 27, 2023] held that cash not being a stock-in-trade of the assessee, was not a thing that ought to have been seized and directed the Reven
The AAR, Kerala, in the matter of University of Calicut [Advance Ruling No. KER/17/2023 dated May 25, 2023] ruled that the services provided by Calicut University to their affiliated colleges and students are exempt from levy.
The Hon'ble Punjab and Haryana High Court in William E Connor Associates and Sourcing Pvt Ltd. and Anr v. Union of India and Others [C.W.P-733 of 2021 dated May 04, 2023] held that amount collected without authority of law at the time of search shoul
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