Category Archives: GST Judgments

No Advance Ruling can be given on admissibility of Cenvat credit as transitional credit under GST : Madhya Pradesh AAR

By | September 8, 2018

AUTHORITY FOR ADVANCE RULINGS, MADHYA PRADESH Sasan Power Ltd., In re RAJIV AGRAWAL AND MANOJ KUMAR CHOUBEY, MEMBER ADVANCE RULING NO. 1 OF 2018 JUNE  6, 2018 Gopal Mundra, Ravi Ghiyani and Mrs. Laxmi Vyas for the Applicant. ORDER   1. Brief facts of the case 1.1 M/s. Sasan Power Ltd., Sasan (hereinafter referred to as “the Applicant”), are engaged in the business of… Read More »

GST on Sale of religious goods in Satsang by Charitable Trust : AAR

By | September 4, 2018

Sale of religious goods in Satsang by Charitable Trust would attract GST: AAR AUTHORITY FOR ADVANCE RULINGS, MAHARASHTRA Shrimad Rajchandra Adhyatmik Satsang Sadhana Kendra, In re B.V. BORHADE AND PANKAJ KUMAR, MEMBER GST-ARA-41/2017-18/B-48 JUNE  14, 2018 Download Judgment Other GST judgments

Do not invoke bank guarantee if there is time to file Appeal :KERALA HC

By | August 21, 2018

respondent will not invoke the bank guarantee for three months. HIGH COURT OF KERALA Berger Paints India Ltd. v. State Tax Officer DAMA SESHADRI NAIDU, J. W.P. (C) NO. 23251 OF 2018 JULY  16, 2018 Tomson T. Emmanuel, Adv. for the Petitioner. Smt. Thushara, Govt. Pleader, Rajesh B., Lal K. Joseph and Sreelal N. Warrier, SC for the Respondent. JUDGMENT 1. The petitioner, a… Read More »

Seized goods could be released on providing bank guarantee :KERALA HC

By | August 21, 2018

once the petitioner provides the bank guarantee for the tax and penalty and bond for the value of goods, under Rule 140 of the Rules, it will have the goods provisionally released. HIGH COURT OF KERALA Garuda Timber Traders v. Assistant State Tax Officer DAMA SESHADRI NAIDU, J. W.P. (C) NO. 26848 OF 2018 AUGUST… Read More »

Input Tax Credit not available on Cash carry vans sold as scrap after using those in business : AAR

By | August 17, 2018

As per the meaning assigned to “goods” under clause (52) to Section 2 of the CGST Act, money is excluded from the ambit of the “goods”. coming to the definition of money under the Section 2(75) of the CGST Act, 2017, we find that “money” means the Indian legal tenderbut shall not include any currency that… Read More »

No GST Exemption even if registered brand name logos is removed , keeping other things unchanged : MAHARASHTRA AAR

By | August 17, 2018

The Appellant intends to revise the packaging of the subject goods and the manner in which the subject goods are put up for sale, to exclude from the packages the registered trademarks, namely ‘More trademarks’ and the ‘Aditya Birla’ logo. Appellant intends to make the following indicative declarations on the product package by using common/generic words- – The term ‘Value’ with… Read More »

Water Authority to bear GST if work contract issued before GST Act: KERALA HC

By | August 16, 2018

HIGH COURT OF KERALA Reena Engineers & Contractors (P.) Ltd. v. Kerala Water Authority DEVAN RAMACHANDRAN, J. W.P. (C) NOS. 13630 AND 13676 OF 2018 JUNE  7, 2018 Santhosh Mathew, Arun Thomas, Jennis Stephen, Alphin Antony, Vijay V. Paul, Smt. Karthika Maria and Smt. Maria Roy for the Petitioner. P. Benjamin Paul, SC for the Respondent. JUDGMENT 1. These two writ petitions are filed by the same petitioner,… Read More »

GST payable on activities between corporate office and units located in other states : KARNATAKA AAR

By | August 15, 2018

AUTHORITY FOR ADVANCE RULINGS, KARNATAKA Columbia Asia Hospitals (P.) Ltd., In re HARISH DHARNIA AND DR. RAVI PRASAD, MEMBER ADVANCE RULING NO. KAR/ADRG 15 OF 2018 JULY  27, 2018 Naveen Rajapurohit for the Applicant. RULING 1. M/s Columbia Asia Hospitals Private Limited, (called as the ‘Applicant’hereinafter), having its registered office at The Icon, 2nd Floor, No.8, 80 feet Road, HAL III… Read More »

GST to be paid by Taxi Aggregator not by taxi operators for providing mobile app and billing services to customer : KARNATAKA AAR

By | August 14, 2018

The applicant is liable to tax on the amounts billed by him on behalf of the taxi operators for the service provided in the nature of transportation of passengers through it, in accordance with the provisions of sub-section (5) of section 9 of the Central Goods and Services Tax Act 2017 read with Notification No.… Read More »

Time Extended for GST registration if not taken due to unavoidable circumstances : CALCUTTA HC

By | August 14, 2018

HIGH COURT OF CALCUTTA MGI Infra (P.) Ltd. v. Assistant Commissioner, State Goods & Service Tax DEBANGSU BASAK, J. W.P. NO. 10646 (W) OF 2018 JULY  9, 2018 Boudhyan Bhttacharrya, Anindya Bagchi, Abhratosh Mazumder, Ld. Addl. AG., Prithu Dudhoria, Debasish Ghosh,K.K. Maity and Bhaskar Prasad Banerjee for the appearing Parties. JUDGMENT 1. The petitioner seeks consideration of an application for extension of time… Read More »