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Thursday, September 21, 2017

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TIOL TUBE
 

simply inTAXicating

GST: Ek Desh Ek Kar | Episode 3

 
GST
 

NEWS FLASH

GST - Govt to notify 5% tax rate for pulses & flours sold in units or containers with brand name as on May 15, 2017, valid from Friday

GST - Division of assessees - 90% of below Rs 1.5 Crore goes to States; Above Rs 1.5 Crore turnover divided in 50:50 ratio; Guidelines for deciding turnover prescribed

GST Council prepones next meeting to Oct 6 from Oct 24

Sale of Old & Scrap buses - whether leviable to 28% GST or 18% GST as Ferrous scrap - Petitions premature, dismissed: HC

GST - Exporters' organisations meet Revenue Secretary; urge for quick refund

 

TOP NEWS

GST - 5% tax on cereals sold with Brand Name - No tax if actionable claim given up: Govt

 

CASE LAWS

2017-TIOL-18-HC-RAJ-GST + Story

Rajasthan Tax Consultants Association Vs UoI

CGST/SGST/IGST - GSTN system dysfunctional, needs to be corrected & updated to meet requirements - If system not responding, assessee or CA/Tax Practitioner to inform immediately by email to District Information Officer and their problems to be resolved expeditiously - no coercive action of penal interest, late fees, prosecution - composition scheme extended till 30 September - those who could not apply under composition scheme upto 16.8.2017, their applications will be accepted and if their case does not fall under composition log-in, they will send it by email and their applications will be accepted w.e.f. 1.7.2017 - Matter listed on 05.10.2017 : Rajasthan HC [para 3, 4, 4.1] - Matter listed: RAJASTHAN HIGH COURT

 

2017-TIOL-17-HC-KAR-GST + Story

MJS Enterprises Vs Controller of Stores And Purchase

GST - Sale of Old & Scrap buses - whether leviable to 28% GST as normal buses or 18% GST under Schedule-III Heading No.7204 "Ferrous waste and scrap; remelting scrap ingots of iron or steel" or under Residuary Entry No.453 of the same Schedule-III, in which, "Goods which are not specified in Schedule I, II, IV, V or VI" of the KGST Act as contended by petitioners - GST rates as indicated in the E-Tender Notice does not give the fixed rate of GST at 28% as submitted by the petitioners; it only stipulates the rate of GST "As applicable /28.0" - the bar/stroke between "As applicable & 28.0" makes them mutually exclusive parts of the said clause - It is for the petitioners to participate in the said Tender process as per the terms indicated therein or not to so participate - E-Tender Notice cannot be quashed by this Court, as this Court does not find illegality in the same - it is not certain even with the Respondents-KSRTC, as to what rate of GST, they are going to charge when such auctions are finalized upon the bidding process undertaken in pursuance of the E-Tender Notice issued - Petitioners are at liberty to either approach the Respondent-KSRTC itself for clarification or the competent authority, namely, Authority for Advance Ruling under the provisions of Section 96 of the CGST/KGST Act, 2017 and there is no justification for this Court to interfere at this stage - If the said Authority is presently not manned and constituted, it does not render it a fit case to invoke writ jurisdiction at this stage - it would be premature for the Court to decide such academic questions at this stage, when the very foundation of such a dispute itself is not even available for this Court to decide - Petitions dismissed as premature: HC [para 6 to 10] - Petitions dismissed : KARNATAKA HIGH COURT

 

CIRCULAR

F.NO. D-22011/AP/1/2017/892-939

Constitution of National Anti-profiteering Authority under GST-reg

 

ARTICLES

GST - Ground-level problems crying for solutions!

IGST on Ocean Freight

Functioning of Input Service Distributor in GST Regime

 
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