Posts Tagged ‘Prospective’

No GST demand unless matter was covered by Resolution Plan When Taxpayer is...

Posted On April 29th, 2025

Note – The principle is crystal clear that once Resolution Plan has been approved by the NCLT, all other creditors are barred from raising their claims subsequently, as the same […]

Every statute introduced is only prospective unless there is specific inten...

Posted On February 13th, 2025

Note – The law is settled that if a substantive right has accrued to a person, it cannot be taken away unilaterally without notice or an opportunity of hearing to […]

Importer does not lose right to contest re-assessment where enhanced value ...

Posted On December 4th, 2024

Note – Tribunal has consistently found that a valuation addition based solely on NIDB data would wholly unwarranted and that any such reassessment would have to be shored by independent […]

Outsourced services provided to client abroad is not intermediary service

Posted On November 22nd, 2024

Note – Respondent into ITSS and also into Marketing and Service Support service. Activities involved – (a) identification of customers, (b) providing information and educating potential customers, (c) procuring information […]

Unbilled Amount cannot be subjected to service tax and what suffers tax is ...

Posted On November 11th, 2024

Note – Revenue has demanded the Service Tax on an amount considering the expenditure incurred on erection/commissioning and installation services for clients as part of the gross value which was […]

Rule 96 sub rule 10 is ultra vires Section 16

Posted On October 30th, 2024

Note – Rule 96(10) of the CGST Rules, as inserted by notification No.53/2018-CT dated 09-10-2018 w.e.f. 23-10-2017 is declared ultra vires the provisions of Section 16 of the IGST Act […]

Explanation cannot result in taxability contrary to main provision of statu...

Posted On September 2nd, 2024

Note – The mere insertion of an explanation cannot make an activity a taxable service when it is not covered under the main provision (which has to be read into […]

Granting of call option cannot be seen as a service to attract tax thereon

Posted On August 1st, 2024

Note – The granting “call option” is not an activity of rendering service. The SCRA defines securities to include both “rights in securities” and “derivatives”. The grant of call option […]

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. […]

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