-
During the change in conveyance and shifting of goods thereof to two separate conveyances, inadvertently a photocopy of the e-way bill and invoice was not given to the driver of the mini cargo in which 4 parcels were shifted and the same was later intercepted by the Revenue and detained. Assessee had shown his willingness to pay tax and penalty as leviable u/s 129(c) of CGST Act and had requested for the release of goods, which was not paid heed by the Revenue.
S. Enterprises vs. Union of India
(2019) TaxCorp(IDT) 3290 (HC-GUJARAT)
-
The Petitioner has been compelled to file a writ since the alternate remedy of appeal to the Tribunal u/s 112(1) of the CGST Act cannot be availed, so as to challenge the order passed by the Revenue.
Rochem India Pvt. Ltd. vs. The Union of India & others
(2019) TaxCorp(IDT) 3278 (HC-BOMBAY)
-
The value of supply of the impugned goods was to be determined in terms of Rule 32 of CGST Rules, 2017 as the goods were second-hand goods and that Petitioner has deposited the amount of tax and penalty as computed under said Rule.
Kataria Automobiles Pvt. Ltd. vs. State of Gujarat
(2019) TaxCorp(IDT) 3277 (HC-GUJARAT)
-
The presence of GSTN is absolutely essential to resolve the dilemma in which the Petitioner has been placed.
R.K. Goyal Steels Pvt. Ltd. vs. Principal Commissioner Central Tax, South Delhi & Ors.
(2019) TaxCorp(IDT) 3276 (HC-DELHI)
-
AAR has no authority to rule on question involving place of supply of goods/services. For ascertaining the question raised by the applicant i.e. whether the supply of services will be export or not, place of supply as per conditions u/s 2(6) of IGST Act needs to be examined.
In the matter of NES Global Specialist Engineering Services Private Limited
(2019) TaxCorp(IDT) 3271 (AAR)
-
No ruling can be pronounced w.r.t. taxability of Investment Advisory and Management Fees collected from overseas investors as question involves determination of the place of supply in respect of overseas transaction.
In the matter of Multiples Alternate Asset Management Pvt. Ltd.
(2019) TaxCorp(IDT) 3270 (AAR)
-
FSRU can be rightly considered as factory, hence, ITC is not available on goods/services used for Tie-in pipelines construction as per provisions laid down in Section 17(5)(c) and 17(5)(d).
In the matter of Western Concession Pvt. Ltd.
(2019) TaxCorp(IDT) 3269 (AAR)
-
The ruling passed by the AAR that ground clearance will be measured in the unladen state, is based on flimsy notion in so much as they inferred that the weights of the passengers occupying the motor vehicles is not standardized, as it would vary with persons occupying the motor vehicle and thereby causing fluctuation in the ground clearance.
In the matter of Tata Motors Limited
(2019) TaxCorp(IDT) 3268 (AAR)
-
AAR has no authority to rule on question involving ‘place of supply of goods/services’. For ascertaining the question raised by the applicant i.e. ‘whether the supply of services will be export or not’, place of supply as per conditions u/s 2(6) of IGST Act needs to be examined.
In the matter of NES Global Specialist Engineering Services Private Limited
(2019) TaxCorp(IDT) 3267 (AAR)
-
ITC shall be available to the registered customer only to the extent of tax paid in view of second proviso to Section 16(2) of CGST/SGST Act, moreover, applicant will be eligible to avail credit of tax paid as per the invoice of supplier subject to payment of value of supply as reduced by commercial credit notes plus the amount of original tax charged by the supplier.
In the matter of Santhosh Distributors
(2019) TaxCorp(IDT) 3266 (AAR)
-
Refutes intervening with Revenue's direction for bank-account freezing citing suppression of pertinent facts
VOS Technologies (India) Pvt. Ltd. vs. Directorate of Revenue Intelligence & ors.
(2019) TaxCorp(IDT) 3265 (HC-DELHI)
-
Though technically proceedings were not pending against the applicant- respondent on date of filing AAR application, there is deliberate intent on the part of franchisor and the franchisee to subvert the investigation proceedings and also a purposeful objective to hide facts which are critical to the AAR and the provisions relating to the AAR.
Assistant Commissioner of SGST vs. Arihant Enterprises
(2019) TaxCorp(IDT) 3264 (AAR)
-
The authorities are required to be careful when they make any provisional attachment, since it affects the economic standing of the assessee and mars his reputation.
Ankit Lokesh Gupta vs. State of Gujarat
(2019) TaxCorp(IDT) 3258 (HC-GUJARAT)
-
There can never be any proceeding pending under Sec. 83 of the CGST Act as the same only empowers the State authorities to provisionally attach the property of a taxable person, subject to the provisions of Sec. 83 being satisfied.
Alfa Enterprise vs. State of Gujarat
(2019) TaxCorp(IDT) 3257 (HC-GUJARAT)
-
Revenue is directed to release the attachment of the bank account of the petitioner and unblock the credit of Rs. 24 lacs approx. available in the electronic credit ledger as ad interim relief.
Kanal Enterprise vs. State of Gujarat
(2019) TaxCorp(IDT) 3256 (HC-GUJARAT)
-
Since the petitioner has paid the IGST at the time of import and also tax and penalty as computed by the Revenue after inception of conveyance. All the documents except the e-way bill were tendered to the authority and even the e-way bill was thereafter immediately generated. Therefore directs release of conveyance as ad interim relief which was intercepted in absence of e-way bill.
Siddhbali Stone Gallery vs. State of Gujarat
(2019) TaxCorp(IDT) 3255 (HC-GUJARAT)
-
Denial of credit of tax/duty paid under existing Acts would amount to violation of Article 14 and 300A of Constitution of India. Unutilized credit has been recognized as vested right and property in terms of Article 300A of the Constitution of India.
Adfert Technologies Pvt. Ltd. vs. Union of India & Ors.
(2019) TaxCorp(IDT) 3254 (HC-P&H)
-
Activities undertaken by the applicant of providing shelter to abandoned, orphaned or homeless children and facilitating the adoption of the children by adoptive parents are in nature of charitable activities.
In the matter of Children of the World India Trust
(2019) TaxCorp(IDT) 3229 (AAR)
-
Air Handling Unit is used in Central Air Conditioning System having temperature control falling under HSN 8415 as it relates to Air Conditioning machines comprising of motor driven and elements for changing the temperature.
In the matter of VTS TF Air Systems Pvt. Ltd.
(2019) TaxCorp(IDT) 3228 (AAR)
-
Supplying of e-campus solutions involving various e-learning facilities along with hardware to various organizations on a lease basis for a period of 5 years for certain consideration, is covered under SAC 997329 liable to tax @ 18%.
In the matter of VAPS Knowledge Services Pvt. Ltd.
(2019) TaxCorp(IDT) 3227 (AAR)
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.