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Landmark Rulings

GST landmark rulings

5,409 rulings

  1. AAR · 31 Mar 2021
    In the instant case, the operation and maintenance services are meant for maintenance of the ZLD plant which is an immovable property hence, the said services are covered under Sr. No. 3(iii) of Notification no. 11/2017.

    In the matter of Arvind Envisol Limited

    (2021) TaxCorp(IDT) 4791 (AAR)

  2. AAR · 31 Mar 2021
    Services of limited end user license as part of packages software are excluded from SAC 997331 that covers Licensing services for right to use computer software and database.

    In the matter of SPSS South Asia Pvt. Ltd.

    (2021) TaxCorp(IDT) 4790 (AAR)

  3. AAR · 31 Mar 2021
    Applicant is supplying accommodation, security and maintenance services which are naturally bundled and supplied in conjunction with each other, therefore it is a composite supply.

    In the matter of Bishops Weed Food Crafts Pvt. Ltd.

    (2021) TaxCorp(IDT) 4789 (AAR)

  4. AAR · 31 Mar 2021
    Since voucher is only an instrument of consideration, the same is not classifiable separately but only the supply associated with the voucher is classifiable according to the nature of goods or services supplied in exchange of the voucher earlier issued to the customer.

    In the matter of Kalyan Jewellers India Ltd.

    (2021) TaxCorp(IDT) 4788 (AAR)

  5. Gujarat High Court · 30 Mar 2021
    In case of any further difficulty, it shall be open for the writ applicants to revive this writ application.

    Rameswar Udyog Pvt. Ltd. vs. Union of India

    (2021) TaxCorp(IDT) 4786 (HC-GUJARAT)

  6. Calcutta High Court · 30 Mar 2021
    GSTN shall look into all technical modalities and ensure that the suspension of the Petitioner is revoked within a period of ten days from date.

    Skyscrappers Infracon Private Limited vs. Assistant Commissioner, GST

    (2021) TaxCorp(IDT) 4785 (HC-CALCUTTA)

  7. Gujarat High Court · 30 Mar 2021
    While exercising the power under Section 167(2) of CrPC, once the applicant shows willingness to furnish bail, an indefeasible right is created in his favour to enlarge him on bail and if any other condition is imposed, is to be treated beyond the jurisdiction of the Court, relies on SC ratio in case of Saravanan in this regard.

    Neeraj Ramkumar Tiwari vs. State of Gujarat

    (2021) TaxCorp(IDT) 4784 (HC-GUJARAT)

  8. Gujarat High Court · 30 Mar 2021
    No dispute of time limit under Section 16(4) of the GST Act shall be raised as the Input Tax Credit was not allowed to be claimed on account of blocking / inactivation of the registration by the respondents.

    Jap Modular Furniture Concepts Pvt. Ltd. vs. State of Gujarat

    (2021) TaxCorp(IDT) 4783 (HC-GUJARAT)

  9. AAR · 26 Mar 2021
    When the AAR has allowed the concessional rate of tax to the major part of project under Sl.No.3 of Notification 11/2017-C.T.(Rate), it is automatically construed that the AAR has accepted the service as composite supply service.

    In the matter of NBCC (India) Ltd.

    (2021) TaxCorp(IDT) 4778 (AAR)

  10. Karnataka High Court · 26 Mar 2021
    Liberty is being granted to Revenue to verify genuineness of Assessee's claim.

    Shriprop Projects Pvt Ltd & Ors vs. UOI & Ors.

    (2021) TaxCorp(IDT) 4777 (HC-KARNATAKA)

  11. AAR · 25 Mar 2021
    Applicant shall follow principle of apportionment of credit laid down in sub-section (1) and (2) of Section 17 of CGST Act r/w Rule 42 and 43 of CGST/WBGST Rules, 2017 in respect of common ITC in form of inputs, input services and capital goods.

    In the matter of Manoj Mittal

    (2021) TaxCorp(IDT) 4772 (AAR)

  12. AAR · 24 Mar 2021
    Notification No. 27/2019- CTR dated December 30, 2019, Press Release dated December 22, 2018 issued in pursuance of the 31st GST Council Meeting followed by Circular No. 80/54/2018 is being relied upon.

    In the matter of Textbond Non-wovens

    (2021) TaxCorp(IDT) 4769 (AAR)

  13. AAR · 23 Mar 2021
    The produce i.e. wheat in this case has been procured from farmers in foreign countries and exported to India and is further destined to importer's factory for further processing but not to the primary market as required for the services to be classified under the exemption Notification, therefore, the products are not eligible for exemption.

    In the matter of Karaikal Port Pvt Ltd.

    (2021) TaxCorp(IDT) 4768 (AAR)

  14. Karnataka High Court · 23 Mar 2021
    After the insertion of sub-rule (1A) to Rule 117, the sub- rule was amended not once, but thrice so as to extend the time from March 31, 2019 to March 31, 2020 and ultimately, it was extended to August 31, 2020.

    UOI vs. Asaid Paints Limited

    (2021) TaxCorp(IDT) 4767 (HC-KARNATAKA)

  15. AAR · 23 Mar 2021
    The GST rate is irrespective of the place of installation i.e. at the residence or at the mall or shopping complex and also irrespective of the intended usage of the lifts / escalators either for domestic use or commercial use.

    In the matter of BG Elevators and Escalators Private Limited

    (2021) TaxCorp(IDT) 4766 (AAR)

  16. AAR · 22 Mar 2021
    Services provided by appellant are composite supply in terms of section 8 of CGST Act with transmission and distribution of electricity being the principal supply.

    In the matter of UP Power Transmission Corporation Ltd.

    (2021) TaxCorp(IDT) 4764 (AAR)

  17. AAR · 22 Mar 2021
    The question of admissibility of ITC against supply of car parking service to employees is rendered inessential.

    In the matter of Ion Trading India Private Limited

    (2021) TaxCorp(IDT) 4763 (AAR)

  18. Anti-profiteering Authority · 22 Mar 2021
    Once the Respondent has claimed that he had passed down ITC benefit and claimed the benefit of such amount, the onus is on Respondent to prove that ITC benefit was actually passed on to eligible buyers.

    DGAP vs. Prestige Estate Projects Ltd.

    (2021) TaxCorp(IDT) 4762 (NAA)

  19. P&H High Court · 22 Mar 2021
    Assessee did not receive any of the notice and therefore, had no occasion to submit their explanation/objection or occasion to submit their case personally.

    Genpact India Pvt. Ltd. vs. UOI & Ors.

    (2021) TaxCorp(IDT) 4761 (HC-P&H)

  20. Rajasthan High Court · 19 Mar 2021
    If the Petitioner’s assertion is found to be correct then the GST Council shall issue necessary recommendation to the Commissioner to enable the Petitioner to get the benefit of CENVAT Credit.

    India Cements Ltd. vs. UOI

    (2021) TaxCorp(IDT) 4757 (HC-RAJASTHAN)

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