In my last write up – Joint Development Agreement (JDA) – Taxation under Income Tax & GST published in the month of April’2020 I have discussed taxation aspects of Joint Development Agreement (JDA) transactions under Goods & Services Tax Act, 2017(GST) and Income Tax Act,1961 in a detailed manner. Now, on making a further in-depth …
by CA Manoj Nahata 
1. Whether liquidated damages and other penalties like milestone penalties levied on suppliers/contractors in the nature of making good the damages for any delays in supply of service or goods in the cases of Supply and Maintenance Contracts and Project Construction Contracts are exigible to GST or not? Held: GST applicable only on liquidated damages. …
by CA Manoj Nahata 
1. Whether GST is payable under RCM on the salary paid to the directors of a company? Held: Yes In the case of M/s. Clay Craft India Pvt. Ltd.-AAR Rajasthan, the applicant is a private limited company. Its directors are working as employees of the company for which they are being compensated by the company …
by CA Manoj Nahata 
1. Whether collecting fees from members and spending it on organizing leadership programs for members by club is liable to GST? Held: Yes In case of M/s Lions Club of Poona Kothrud-AAAR Maharashtra, the applicant is an autonomous unit that collects fees from their members in order to conduct social activities and meet their administrative …
by CA Manoj Nahata 
1. Whether parking lot services provided by a contractor appointed by the Market Committee is exempt? Held: Not In the case of M/s Pushpa Rani Pabbi-AAR Punjab, the applicant has been appointed as a contractor for providing parking lot services at the place of the market committee (Mandi Board) at Jalandhar. The applicant has sought …
by CA Manoj Nahata 
1. Whether disposing off assets (no CENVAT/VAT credit availed) fastened to the building on delivering possession to the lessor, on which no consideration will be received, will fall within the ambit of “supply” under GST? Held: Yes. In the case of M/s Aquarelle India Pvt. Ltd.-AAR Karnataka, the applicant is a registered dealer having a …
by CA Manoj Nahata 
Goods and Services Tax (GST) law has completed two years in our Country and entered into third year. Since very beginning there was a demand from various sectors to make this law simple and easy. Though Govt., from time to time made efforts for simplification of this law. But it is a matter of great …
by CA Manoj Nahata 
Introduction The provisions of Inspection, Search and Seizure are not newly inserted provisions in the GST law. The same are age old provisions inbuilt in almost all the taxation laws of the Country. The erstwhile Central Excise and Service Tax law had also such provisions to catch hold of the tax evaders. But under GST …
by CA Manoj Nahata 
1. Whether the execution of the civil works of Hydro Electric project awarded by State Electricity Board Ltd would fall under Sl.No.3 (iii) (b) or 3(vi) of Notification No.11/2017 Central Tax (Rate) dated 28.06.2017attracting GST at the rate of 12%? Held: No. In the case of R.S Development & Constructions India (P) Ltd.-AAR Kerala, the …
by CA Manoj Nahata 
1. Whether recovery of 50% amount of Parental Health Insurance premium from employees amounts to supply of services under GST? Held: No. In the case of M/s Jotun India Private Limited-AAR Maharashtra, the applicant is a manufacturer, supplier and exporter of paints and powder coatings. It has introduced an optional parental insurance scheme under which …
by CA Manoj Nahata Input your search keywords and press Enter.