Posts Tagged ‘Neutrality’

Dietary supplements suffer tax at 18 percent and not 28 percent

Posted On May 15th, 2024

Note – Dietary supplements do not fall under Serial No. 9 of schedule IV of Notification No. 1/2017- Integrated Tax (Rate) as the entry reads as food preparation not elsewhere […]

Free supply of fuel by recipient has to be considered for taxable value on ...

Posted On November 6th, 2023

Note – Section 15(2)(b) of CGST Act 2017 says that the value of supply shall include any amount that the supplier is liable to pay in relation to such supply […]

Differential IGST demand on imports subject to revenue neutrality

Posted On October 25th, 2023

Note – Where the import clearance for the period July 2017 to November 2017, was assessed on bill of entry based on correct description of goods and classification and claim […]

Amount of GST paid from electronic credit ledger also eligible for reimburs...

Posted On July 17th, 2023

Note – Petitioner/supplier would be entitled to his PVC claim in terms with the contract and GST paid from the electronic credit ledger has to be taken into consideration while […]

Differential GST on works executed by contractor post 01.07.2017 to be reim...

Posted On June 5th, 2023

Note – The tax component is an independent component which the petitioners/works contractors do not retain as a profit and is a statutory payment to be made. Looking into the […]

Clause on intermediary under IGST law is valid and not ultravires the Const...

Posted On April 20th, 2023

Note – The provisions of Section 13(8)(b) and Section 8(2) of the IGST Act are legal, valid and constitutional, provided that the provisions of Section 13(8)(b) and Section 8(2) are […]

Restriction in terms of value on exports under Rule 89(4)(c) is invalid and...

Posted On April 4th, 2023

Note – Rule 89(4)(C) of the CGST Rules merely being a machinery provision cannot impose a rigorous condition to take away right to obtain refund which the petitioner is otherwise […]

TDS under income tax never partakes character of consideration for services

Posted On March 23rd, 2023

Note – When the assessee ‘grossed up’ the TDS, it is understood to mean that the assessee has indeed received only the amount as agreed towards value/consideration and the expenditure […]

Mere downloading of software cannot result in completion of service where o...

Posted On March 9th, 2023

Note – It is the common parlance understanding that a service can be said to have been delivered when it is done/ completed in a manner that would render its […]

No demand post issuance of No Dues certificate unless intimation sent to De...

Posted On May 30th, 2022

Note – Appellant was erstwhile a 100% Export Oriented Unit. After fulfilling the export obligations as per the scheme, they debonded and got converted into an DTA unit. At the […]

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