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Reasonable opportunity ought to be given to a person to show cause and depending upon the facts of each case, further extension of time can be granted by the Assessing Officer.
Exide Industries Ltd vs. The Deputy Commissioner
(2023) TaxCorp(IDT) 7587 (HC-MADRAS)
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Section 159(5) clearly gives adequate power to the Assessee to file objection for releasing the bank account or, in the instant case cash-credit facility, thus when there is efficacious relief in the statute itself, the Assessee should adopt such efficacious relief.
J L Enterprises vs. Assistant Commissioner
(2023) TaxCorp(IDT) 7583 (HC-CALCUTTA)
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Section 13(3)(b) of the IGST Act is applicable in respect of services where the physical presence of the service recipient or its representative in India is necessary.
McDonald’s India Pvt. Ltd vs Additional Commissioner, CGST Appeals - II
(2023) TaxCorp(IDT) 7582 (HC-DELHI)
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Since the transfer of property in the goods supplied under first contract is not taking place during the execution of the Works Contract under second contract, the value thereof cannot be included in Works Contract.
In the matter of PES Engineers Pvt. Ltd.
(2023) TaxCorp(IDT) 7575 (AAR)
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Service provider of motor vehicle hire service has to charge GST on whole amount of bill which includes monthly rental plus night charges plus fuel on mileage basis, and not just monthly rental.
In the matter of Uttarakhand Public Financial Strengthening Project
(2023) TaxCorp(IDT) 7574 (AAR)
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Refund of SGST was processed and disbursed, however, refund of CGST and IGST was not processed despite refund order sanctioning the same.
Sesame Workshop Initiatives (India) Pvt. Ltd. vs. UOI & Ors.
(2023) TaxCorp(IDT) 7573 (HC-DELHI)
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As per Rule 89 of the CGST Rules, there is no specific requirement that the declaration must be signed in physical mode.
Medicamen Biotech Ltd vs UOI & ors
(2023) TaxCorp(IDT) 7572 (HC-RAJASTHAN)
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Assessee is providing work contract services under a contract of construction of building of a Hotel wherein transfer of property in goods is involved in the execution of such contract and it has fulfilled all the conditions of work contracts.
SR Constructions vs. UOI
(2023) TaxCorp(IDT) 7571 (HC-Tripura)
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Value of goods in transit is to be determined as per section 15 read with Explanation 2 of Rule 138.
S.K. Trading Co. and Anr. vs. Additional Commissioner
(2023) TaxCorp(IDT) 7570 (HC-ALLAHABAD)
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It is not for the transporter to make a submission for seeking release of conveyance on the ground that tax has been paid in full, as such payment, if at all, would have been borne by the assessee concerned, and not the transporter.
Lodha Roadways vs. Deputy State Tax Officer
(2023) TaxCorp(IDT) 7568 (HC-MADRAS)
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Question whether an entity is an intermediary will have to be determined on the basis of actual work performed.
Netgear Technologies India Pvt. Ltd. vs. Joint Commissioner, CGST Appeals
(2023) TaxCorp(IDT) 7567 (HC-DELHI)
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Mere suspicion that the petitioner is a dummy company in complete disregard of the corporate documents would clearly fall foul of the requirement of forming an opinion for taking an action under Section 83 of the CGST Act.
Sidhivinayak Chemtech Pvt Ltd vs Pr. Commissioner
(2023) TaxCorp(IDT) 7566 (HC-DELHI)
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To the extent of foundation and structural support for the Sand mill & Spray dryer, ITC is eligible, but blocked on structure/shed erected on it, since they would fall within the ambit of civil structure.
In the matter of Colourband Dyestuff P Ltd.
(2023) TaxCorp(IDT) 7559 (AAR)
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Composite supply of construction services will not include sale/right to use car parking since it is not naturally bundled with construction services.
In the matter of Eden Real Estates Pvt. Ltd.
(2023) TaxCorp(IDT) 7552 (AAR)
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The processing done by the Applicant on the purchased goods changes the nature of goods as opposed to the conditions stated under Rule 32.
In the matter of White Gold Bullion Pit Ltd
(2023) TaxCorp(IDT) 7551 (AAR)
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The order of the appellate authority is even further bad in law as it discloses no reason, whatsoever for assessing the tax and quantifying the liability.
Diamond Steel vs. State of UP
(2023) TaxCorp(IDT) 7550 (HC-ALLAHABAD) · Section 74
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If the sale price is a consolidated price, then charges proportionate to club house and common amenities are applicable to GST.
In the matter of Godrej Properties Ltd
(2023) TaxCorp(IDT) 7545 (AAR)
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Filing of digitally uploaded copy of order against which appeal has been filed along with the appeal amount to substantial compliance of Rule 108 of the Haryana GST Rules, 2017.
KPMG India Pvt Ltd Vs Joint Commissioner of State Tax (Appeals)
(2023) TaxCorp(IDT) 7540 (HC-P&H)
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No personal hearing was given to the petitioner before passing the impugned order, and hence, the impugned order is not sustainable.
Concord Tieup Pvt. Ltd vs State of Madhya Pradesh & ors
(2023) TaxCorp(IDT) 7539 (HC-MP)
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The mere fact that an order has been passed under Rule 86A(2) of TNGST Rules for unblocking of credit will not stand in the way of the assessing officer making an assessment or curtail his powers in any way, in such an exercise.
D. Ranganathan vs. The Assistant Commissioner & Ors.
(2023) TaxCorp(IDT) 7538 (HC-MADRAS)
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