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Landmark Rulings

GST landmark rulings

5,409 rulings

  1. AAR · 22 Jun 2020
    When a common permission has been obtained from the concerned authorities for the entire township containing of Part-A and Part-B which is also having a common entrance, common facilities, common land etc., then the entire township has to be considered as a single housing project.

    In the matter of Amba Township Pvt. Ltd.

    (2020) TaxCorp(IDT) 3829 (AAR)

  2. AAR · 22 Jun 2020
    Goods which fall under Chapter 3919, as in the subject case will not fall under Chapter 49.

    In the matter of Security Printing and Minting Corporation of India Ltd.

    (2020) TaxCorp(IDT) 3826 (AAR)

  3. Chhattisgarh High Court · 24 Jun 2020
    The payment of contribution was in the course of furtherance of the business of the Petitioner and that making of such contribution by the Petitioner miner was a supply.

    NMDC Ltd. vs. UOI & Ors.

    (2020) TaxCorp(IDT) 3804 (HC-CHHATTISGARH)

  4. AAR · 24 Jun 2020
    Transportation service of applicant is neither covered under definition of national waterways nor under other waterway on any inland water, hence, same does not qualify for exemption contained at Sr. No. 18 of the Notification No. 12/2017-Central Tax (Rate).

    In the matter of Shreeji Shipping

    (2020) TaxCorp(IDT) 3803 (AAR)

  5. AAR · 24 Jun 2020
    Services provided are of only manpower supply or security services and since there is no involvement of supply of goods in these services, the services would be called pure services.

    In the matter of A.B. Enterprise

    (2020) TaxCorp(IDT) 3802 (AAR)

  6. AAR · 25 Mar 2020
    Payment made at direction of the Committee cannot be considered as services rendered by the Govt to the Applicant so as to attract GST levy under reverse charge mechanism as per Entry No. 5 of Notification No. 13/2017-Central Tax (rate) dt. 28.06.2017.

    In the matter of Karnataka Solar Power Development Corporation Ltd

    (2020) TaxCorp(IDT) 3801 (AAR)

  7. AAR · 25 Mar 2020
    Applicant, an organization established by Govt. of Karnataka under the control and supervision of Primary and Secondary Education Secretariat, not having an independent existence, becomes part of Karnataka Govt.

    In the matter of Department of Printing, Stationery and Publications

    (2020) TaxCorp(IDT) 3800 (AAR)

  8. AAR · 23 Mar 2020
    We are not empowered to condone the delay of one day in filing this appeal and hence, the question of discussing the merits of the issue in appeal does not arise.

    In the matter of Deputy Conservator of Forests, Bangalore

    (2020) TaxCorp(IDT) 3799 (AAR)

  9. AAR · 23 Mar 2020
    Appellant will not be able to avail ITC of taxes paid on procurements where the appellant is not doing the installation of lifts, escalators and travellators despite the fact that these qualify as plant and machinery.

    In the matter of Tarun Realtors Pvt. Ltd.

    (2020) TaxCorp(IDT) 3798 (AAR)

  10. Calcutta High Court · 25 Mar 2020
    It is evident that Section 83 does not provide for an extension of an order for provisional attachment and any such extension shall be dehors the statute.

    Amazonite Steel Pvt. Ltd. & Anr. Vs. Union of India

    (2020) TaxCorp(IDT) 3797 (HC-CALCUTTA)

  11. AAR · 25 Mar 2020
    Supply of purified water whether in sealed container or unsealed container not entitled for GST exemption.

    In the matter of Water Health India Pvt. Ltd.

    (2020) TaxCorp(IDT) 3796 (AAR)

  12. AAR · 24 Mar 2020
    The applicant can issue tax invoice with IGST to customers as per Section 20 of the IGST Act read with Section 31 of CGST Act for the interstate transaction as provided under section 7(1) of IGST Act, when the goods are directly dispatched from the port of import with invoicing done from the registered place of business.

    In the matter of Kardex India Storage Solution Private Limited

    (2020) TaxCorp(IDT) 3795 (AAR)

  13. AAR · 24 Mar 2020
    Using the SCADA interface, the operator sends instructions to Remote Terminal Unit which controls light, signals and other electrical equipment of the metro, it is therefore a power supply and distribution network installed for the purpose of operation of metro, hence supply pertains to railways including metro as defined u/s 2(31)(c) of Railway Act, 1989.

    In the matter of ABB India Ltd.

    (2020) TaxCorp(IDT) 3794 (AAR)

  14. AAR · 24 Mar 2020
    It cannot be accepted that appellant is a clinical establishment offering treatment in the recognized ayurvedic system of medicine, hence, its supplies are therefore not health care services by a clinical establishment.

    In the matter of OPTM Health Care Pvt. Ltd.

    (2020) TaxCorp(IDT) 3793 (AAR)

  15. Bombay High Court · 23 Mar 2020
    The phrase technical difficulty envisaged in Rule 117(1A) is in relation to the common portal and the criteria for determining the error on the common portal is a system log on the common portal which does not support the case of the Petitioner.

    Nelco Limited vs. UOI

    (2020) TaxCorp(IDT) 3792 (HC-BOMBAY)

  16. AAR · 07 Apr 2020
    Services rendered by the Director to the company for which consideration is paid to them in any head is liable to GST under RCM.

    In the matter of Clay Craft India Pvt. Ltd.

    (2020) TaxCorp(IDT) 3791 (AAR)

  17. AAR · 31 Mar 2020
    When it is not possible to calculate value of supply as per Section 15 of the Act, the value of taxable supply is to be calculated as per the relevant Rules of Chapter IV of CGST Rules, 2017 which deals with the determination of value of supply.

    In the matter of Bharat Heavy Electricals Ltd.

    (2020) TaxCorp(IDT) 3790 (AAR)

  18. AAR · 31 Mar 2020
    The description of service i.e.Licensing services undertaken by the GMVN does not get covered under Sl.No. 17(i) to 17(viia) of the said notification, therefore service in question falls under residual entry 17(viii). Said entry was amended vide Notification No. 27/2018- Central Tax providing for levy of GST at 18% w.e.f. January 01, 2019 and was taxable at 5% for the period July 1, 2017 to December 31, 2018.

    In the matter of Shri. Ajay Kumar Dabral

    (2020) TaxCorp(IDT) 3789 (AAR)

  19. AAR · 31 Mar 2020
    Applicant has transferred the business as going concern which may be treated as supply of services which is exempted in terms of Sl.No. 2 of Notification No. 12/2017-Central Tax (Rate).

    In the matter of Rajeev Bansal and Sudershan Mittal

    (2020) TaxCorp(IDT) 3788 (AAR)

  20. Gujarat High Court · 30 Mar 2020
    Competent authority shall not raise any technical issue w.r.t. the refund claim of IGST amount.

    Gokul Agro Resources Ltd. vs. Union of India

    (2020) TaxCorp(IDT) 3787 (HC-GUJARAT)

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