Posts Tagged ‘doctrine’

ITC cannot be denied on tax paid on advance when there is proper document u...

Posted On November 22nd, 2024

Note – Although sub-section (1) of Section 16 is conditional upon the fulfillment of the requirements as contained in sub-section (2), in our opinion, the incorporation as contained in sub-section […]

Press Release on Classification Not to influence officer when he decides cl...

Posted On November 12th, 2024

Note – Press Release dated 15.07.2020, by which the Ministry of Finance, Union of India, purporting to exercise its executive powers, virtually issued a fiat to the adjudicatory judicial and […]

Change in law cannot be based on Press Release and business efficacy test c...

Posted On November 11th, 2024

Note – The press release announcing the cabinet approval of certain modifications envisaged in the existing Mega Power Policy is not law as defined in Clause 1.1 of the PPA. […]

No ITC denial just because Form GST ITC 02 was filed manually due to portal...

Posted On October 16th, 2024

Note – The technicalities, mainly when not the party but the department creates them, should not be put forth by the department to defeat the statutory rights and entitlement of […]

Building could qualify as plant if functionality test for providing service...

Posted On October 5th, 2024

Note – The question whether a mall, warehouse or any building other than a hotel or a cinema theatre can be classified as a plant within the meaning of the […]

Works contract executed outside India through fixed establishment not liabl...

Posted On August 13th, 2024

Note – A plain reading of Section 13 (4) makes it clear like cloudless sky that the ‘place of supply’ in relation to an immovable property for carrying out construction […]

Income from renting of premises cannot be exempted in the hands of the Univ...

Posted On August 2nd, 2024

Note – The predominant object test must be applied; the purpose of education should not be submerged by a profit making motive. When the University rents out its property for […]

Charges for screening test and accreditation of Medical Institutions would ...

Posted On July 31st, 2024

Note – The services provided by the petitioner for conducting screening test and the fees charged for accrediting medical institutions does not fall within the scope of Serial No.66(a) and […]

Section 7(1)(aa) amendment in CGST Act is valid and GST applicable on servi...

Posted On July 25th, 2024

Note – Article 246A or Article 366(12A) does not have any reference to the term Person. The tax is on activities, i.e., the supply of goods and services or both. […]

SWS collected as customs duty can be debited from MEIS scrip while debiting...

Posted On July 4th, 2024

Note – The fact that duty does not form part of Consolidated Fund of India does not have any bearing on determining the scope and nature of an exemption notification […]

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