Trace Your Case

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Supply

Re: M/s Rashmi Hospitality Services Ltd (2019, Karnataka AAR)

ISSUE:

Whether the subsidy received from the state government would form part of consideration under section 2(31) of the Central Goods and Services Tax Act, 2017 (CGST Act)?

RULE:

Subsidies are not part of consideration in the ordinary and commercial sense. A subsidy is financial assistance provided by the government to promote the public good. It is not payment made by a customer for goods or services.

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Supply

Re: M/s Hical Technologies Pvt Ltd (Karn AAR, 2019)

ISSUE:

Whether or not the value of free of cost supplies by the principal is included in the value of supply by the job worker under the Goods and Services Tax (GST) regime?

RULE:

Free of cost supplies are not part of the consideration received by the job worker for the services provided. Consideration is the price paid by the customer for the goods or services supplied. Since the principal supplies the components free of cost, the value of these components is not part of the consideration received by the job worker.

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ITC

In Re Vijayneha Polymers Private limited (GST AAR Telangana) 11 December 2021

ISSUE:

Whether or not the applicant is entitled to avail input tax credit (ITC) on the GST charged by the contractor supplying the service of works contract to the extent of machine Foundation?

RULE:

The relevant rule in the case is Section 17(5)(c) of the Central Goods and Services Tax Act, 2017. This section provides that input tax credit (ITC) is available on goods and services used for the construction of a building for the purpose of business or renting to others.

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Supply

Re: M/s CMC Vellore Association (2019, TN AAR)

ISSUE:

Whether the medicines, drugs, stents, consumables, and implants used in the course of providing health care services to in-patients admitted to the hospital for diagnosis, or medical treatment or procedures would be considered as a "Composite Supply" of health care services under GST and consequently can exemption under Notification No.I2/2OI7 read with. Section B(a) of GST be claimed?

RULE:

The supply of medicines, drugs, stents, consumables, and implants used in the course of providing health care services to in-patients admitted to the hospital for diagnosis, or medical treatment or procedures is a composite supply of health care services and is exempt from GST under Notification No.12/2017-CTR dated 28.06.2017.

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Supply

Re: Bharatiyar University, Tamil Nadu AAR, Order Date 19.11.2020

ISSUE:

Whether the services provided by the University to its constituent colleges (viz) self-financing and management colleges relating to admission to, or conduct of examination by such institution by way of affiliation fee, registration fee such as Application form fees, Inspection fees (each course/section) are exempted from GST under Notification No.12/2017-CTR dated 28.06.2017?

RULE:

The services provided by a university to its constituent colleges relating to admission to, or conduct of examination by such institution by way of affiliation fee, registration fee are not exempted from GST.

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Supply

Re: Bajaj Finance Ltd (2019, Maharashtra AAAR)

ISSUE:

Whether the company is liable to pay Goods and Services Tax (GST) on the penal Charges that it recovers from its borrowers for late payment of EMIs?

RULE:

The rule in Re: Bajaj Finance Ltd., 2019 is still being determined by the Supreme Court of India. However, there have been conflicting rulings from different courts and tribunals on the issue of whether GST is payable on penal charges recovered from borrowers for late payment of EMIs.

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GST

Skill Lotto Solution Pvt. Ltd. v. Union of India, 3 December, 2020

ISSUE:

Whether the Writ Petition is maintainable under Article 32 or not

Whether the inclusion of lottery as actionable goods in the ambit of goods as per the Goods and Services Tax Act is constitutional or not?

Whether it should be taxed for the same reason or not?

RULE:

The levy of GST on lottery, betting, and gambling is constitutional. It has been held that these activities are "res extra commercium", which means that they are outside the sphere of commerce. This means that the government is free to regulate and tax them in any way it sees fit.

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Supply

Union of India & Anr v. Mohit Minerals Pvt. Ltd. [2022 (61) GSTL 257 (SC)]:

ISSUE:

Whether the Central Goods and Services Tax (CGST) Act, 2017 and the Integrated Goods and Services Tax (IGST) Act, 2017 apply to ocean freight under the reverse charge mechanism (RCM) for cost, insurance, and freight (CIF) imports?

RULE:

The Central Goods and Services Tax (CGST) Act, 2017 and the Integrated Goods and Services Tax (IGST) Act, 2017 do not apply to ocean freight under the reverse charge mechanism (RCM) for cost, insurance, freight (CIF) imports.

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Arbitrability

Avitel Post Studioz Ltd. v. HSBC PI Holdings (Mauritius) Ltd., (2021) 4 SCC 713

ISSUE:

Whether the Singapore Arbitration Tribunal has jurisdiction in the matter?

Whether the given matter concerning fraud can be governed under Singapore Laws?

RULE:

Section 9 of the Arbitration and Conciliation Act 1996 holds the interim measures by Courts for the appointment of a guardian for a minor or a person of unsound mind for the purposes of arbitral proceedings; or

a) for an interim measure of protection in respect of any of the following matters, namely:

b) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;

c) securing the amount in dispute in the arbitration;

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