News

AAR: Setting up data-centres qualify as ‘Works Contract’, taxable at 18%

Karnataka AAR holds activity of setting up of data-centre constitutes a ‘works contract’ u/s 2(119) of CGST Act, 2017/Karnataka GST.....

Nov 25,2019

AAR: Pass-through expenses excludible from ‘value’, Refutes ruling on co-ordination/supervision of clinical trial services for foreign affiliates

Karnataka AAR refuses to provide ruling on whether the co-ordination services provided by applicant, engaged in co-ordinating clinical trial services.....

Nov 25,2019

HC: Roger Mathew (SC) decision has bearing on GSTAT constitution & Members appointment, directs consideration

Delhi HC directs Government and GST Council to consider formulation of appropriate amendments to CGST Act so that the provisions.....

Nov 25,2019

NAA: Upholds profiteering allegation against developer; Accepts DGAP's determination of profiteered amount

NAA upholds case of profiteering against a developer (Respondent) for not passing on the benefit of additional ITC to flat.....

Nov 22,2019

NAA: Profiteering, being function of "each" supply of goods/services, computable at 'invoice-level'

NAA upholds claim of profiteering against the builder for his project comprising of flats and shops noting that Respondent has.....

Nov 22,2019

NAA: Rate-reduction benefit computable product-wise not at entity-level, upholds profiteering

NAA upholds case of profiteering on supply of ‘Sanitary napkins’ while observing that Respondent denied the benefit of rate reduction.....

Nov 22,2019

NAA: Rejects objection to DGAP's profiteering computation methodology, directs Builder to pass benefit

NAA upholds claim of profiteering against builder for benefitting from additional benefit of ITC while directing payment of profiteered amount.....

Nov 22,2019

NAA: Critizes Builder's attempt to derail investigation/delay proceedings, directs 'profiteering' amount payment

NAA upholds claim of profiteering for an amount of Rs. 2.47 crores (inclusive of GST) while finding no reason to refer.....

Nov 21,2019

AAR: Land-development under JDA constitutes a 'supply of service’, not 'sale of land'

Karnataka AAR holds that the activities envisaged under the joint development agreement (JDA) between the applicant and the landowners amount.....

Nov 21,2019

AAR: Rules on taxability of reagent/equipment supplied under PRC/RRC model

Karnataka AAR holds that applicant is not liable to GST under RRC model (Reagent Rental Placement Contracts) in respect of,.....

Nov 21,2019

HC: Arrest of CA/lawyer without corroborative evidence linking him with alleged offence, untenable

P&H HC holds that the arrest of CA or advocate should be avoided where such CA/advocate has filed returns or.....

Nov 20,2019

HC: Substantive right to claim credit not deniable for delay in filing revised TRAN-1

Gujarat HC directs the Revenue to either open the online portal so as to enable the assessee to again file.....

Nov 20,2019

HC: Directs Nodal Officer to take prompt action and consider Petitioner's request for filing TRAN-1

Madras HC directs Principal Nodal Officer (Commissioner of CGST, Chennai North) to take appropriate action without loss of further time.....

Nov 19,2019

HC: Revenue to seek instructions in case challenging constitutionality of GST provisions

Delhi HC directs Senior Standing Counsel appearing on behalf of the Revenue to seek instructions on whether the Department intends.....

Nov 19,2019

HC: Issues notice in writ challenging restriction on unutilised ITC refund where drawback/IGST refund claimed

Gujarat HC issues notice to Attorney General, in a writ challenging vires of third proviso to Sec. 54(3) of CGST.....

Nov 19,2019

HC: Directs CBIC to clarify on eligibility of credit carry-forward in GSTR-3B

Madras HC directs CBIC to file an affidavit specifying its decision regarding the issue whether credit carried forward in GSTR-3B.....

Nov 19,2019

HC: Allows filing of TRAN-01 electronically or manually, follows Blue Bird Pure precedent

Delhi HC allows assessee’s petition and directs the Revenue to either open the online portal so as to enable the.....

Nov 19,2019

HC: Delhi HC issues notice in writ challenging vires of blocked credit provisions

Delhi HC issues notice in writ petition challenging the constitutional validity of ‘blocked credit’ provision contained under Section 17 (5)(c).....

Nov 19,2019

HC: Mere long custody not a ground for Petitioner's release, dismisses bail application

P&H HC rejects bail application of the petitioner implicated for fraudulent availment and utilization of ITC of more than Rs. 19.50.....

Nov 19,2019

HC: Grants anticipatory bail subject to reversal of ITC allegedly availed basis forged invoices

Jharkhand HC grants anticipatory bail to Petitioner for a period of one month from the date of surrender, subject to.....

Nov 18,2019

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