Posts Tagged ‘Substantive’

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 […]

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 […]

GST can be levied on royalty paid for mining rights

Posted On November 11th, 2024

Note – Royalty is not a tax. Therefore, the respondents/Central Government are well within their rights to levy GST on the royalty paid by the mineral concession holder for any […]

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 […]

Blocking of ECL to make up for credits utilised earlier not permitted under...

Posted On October 7th, 2024

Note – Rule 86A of the Rules is not a machinery provision for recovery of tax or dues under the CGST Act. It is not a part of the scheme […]

The State or Central Tax officer who has initiated proceedings first shall ...

Posted On September 23rd, 2024

Note – Credit blocked by Central Tax Authority (DGGI) post issuance of summons when the issue of ITC availment was already before State Tax Authority pursuant to summons issued by […]

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 […]

Fine payment to redeem goods on confiscation does not result in waiving of ...

Posted On July 26th, 2024

Note – The owner of goods has a liability to pay customs duty, even after confiscated goods are redeemed after payment of fine and other charges under Section 125 of […]

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