Category Archives: GST Judgments

18% GST on Outdoor catering services : AAAR

By | March 16, 2019

APPELLATE AUTHORITY FOR ADVANCE RULING, GUJARAT Rashmi Hospitality Services (P.) Ltd., In re AJAY JAIN AND DR. P.D.VAGHELA, MEMBER ADVANCE RULING (APPEAL) NO. GUJ/GAAAR/APPEAL/2018/3 JULY  31, 2018 Surendra Shetty and Mehul P. Buch for the Applicant. RULING The Appellant M/s. Rashmi Hospitality Services Private Limited submitted that it is having business of caterers and supply food, beverages and other eatables (non-alcoholic… Read More »

No GST Cold storage services for Agriculture Produce: AAAR

By | March 16, 2019

In re Sardar Mal Cold Storage & Ice Factory (GST AAAR Rajasthan) Appeal Number RAJ/AAR/2018-19/03 Date of Judgement : 11/06/2018 1. M/s Sardar Mai Cold Storage & Ice Factory (hereinafter referred to as ‘Appellant’) had submitted an application seeking an Advance Ruling on the Entry No. 24 of the Notification No. 11/2017 Central tax (Rate)… Read More »

No ITC on Gift of Gold Coins to customer at end of Scheme : AAR

By | March 12, 2019

Applicant, engaged in business of developing, manufacturing and distributing crop protection chemicals and hybrid seeds, have a contractual agreement as per which if distributor purchases certain amount of company’s product or makes payment in a prescribed manner, then he shall be entitled to a gold coin of specific weight. Held since distribution of gold coins… Read More »

Nodal officer to consider complaint for bona fide error in TRAN-1 : HC

By | March 6, 2019

HIGH COURT OF KARNATAKA Pragati Automotion (P.) Ltd. v. Union of India MRS. S. SUJATHA, J. WRIT PETITION NO. 3159 OF 2019 (T-RES) JANUARY  31, 2019 Ravi Raghavan, Adv. for the Petitioner. Smt. M.R. Vanaja, Adv., K.M. Shivayogiswamy, Adv. and T.K. Vedamurthy, AGA for the Respondent. ORDER 1. Learned counsel Smt. M.R. Vanaja accepts notice for respondent No.1. Learned Additional Government… Read More »

Goods can not be detained for human error in e-Way bill : HC

By | March 3, 2019

High Court Kerala Rai Prexim India Private Limited Vs State Of Kerala Appeal Number : WP(C): 39022 of 2018 Date of Judgement/Order : 04/12/2018 The petitioner’s goods have been detained on account of discrepancy in e-Way bill. The first e-Way bill generated by the petitioner is produced as Ext.P4. Therein, the place of delivery was mentioned as ‘Payhanamthitta, Kerala… Read More »

Directors Bank accounts can not be provisionally attached under GST : HC

By | March 3, 2019

  HIGH COURT OF GUJARAT H.M. Industrial (P.) Ltd. v. Commissioner, CGST and Central Excise HARSHA DEVANI AND A.P. THAKER , JJ. R/SPECIAL CIVIL APPLICATION NO. 1160 OF 2019 FEBRUARY  7, 2019  Anandodaya S. Mishra for the Appellant. Nirzar S. Desai for the Respondent. JUDGMENT Harsha Devani, J. – By the impugned orders of provisional attachment of the property under section 83… Read More »

Highest GST Rate on Mixed Supply of service to the students for lodging along with food : AAR

By | March 1, 2019

Whether service to the students for lodging along with food is a composite supply within the meaning of section 2(30) of the GST The Applicant is offering several individual services in two different combinations to the recipients, depending upon their need for lodging facility. None of the combinations of services being offered is a composite… Read More »

No Input tax credit on ambulance for Employees before 01.02.2019 : AAR

By | February 28, 2019

Whether ITC is admissible on ambulances purchased for the benefit of the employees under legal requirement of the Factories Act, 1948. GST AAR West Bangal In re Nipha Exports Pvt Ltd Order No. 43/WBAAR/2018-19 Date of Judgement/Order : 26/02/2019 1. Admissibility of the Application 1 .1 The Applicant, stated to be a manufacturer of agricultural machinery,… Read More »

No IGST Exemption to OEM suppliers of imported Scientific equipment even if supplied to science education & research Institute:AAR

By | February 27, 2019

Notification No. 51/1996-Customs, dated 23-7-1996 read with Notification No. 43/2017-Customs, dated 30-6-2017 and Minutes of 14th GST Council decision dated 18th/19th May, 2017  is applicable to the Applicant for import of  Equipment as listed under column (3) of the aforesaid notifications and notifications are not applicable to the OEM suppliers of imported equipment. AUTHORITY FOR… Read More »

Allow TRAN 2 to be revised electronically or manually : HC

By | February 26, 2019

Calcutta High Court Optival Health Solutions Pvt Ltd Vs UOI  W.P. No. 18879 (W) of 2018 Dated  07/02/2019 The petitioners have sought for a direction upon the respondents to allow them to revise/rectify their Form GST TRAN 2 electronically or manually. Learned Advocate for the petitioners has submitted that, the first petitioner had obtained registration under… Read More »