CIRCULAR
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Circular |
Subject |
| Circular No. 219/13/2024-GST dt.26.06.2024 | Clarification regarding taxability of the transaction of providing loan by an overseas affiliate to its Indian affiliate or by a person to a related person. |
COMMUNITY INSIGHTS
| Topic | Publish Date | |
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Now a days most of the companies have adopted the practice to install the solar Panels system on the roof of the company and use the electricity generated through these Panels in their production process. For this the company purchase the solar Panels and install them on the roof of the company. For purchase of solar Panels the company pays GST to the supplier of solar Panels and similarly for their installation the GST ......... Read More |
19.07.2024 |
CASE LAW
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Particulars |
One liner |
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2024(10)LCX0001 Supreme court of India Safari Retreats Private Limited |
ITC on building given on rent would be
available if such building can be classified as a plant under the
expression “plant or machinery” in Section 17(5)(d) depending on its
role in the business and functionality test and no works contract
service is involved in it. Further Section 17(5)(c) & (d) are constitutional valid |
|
2024(06)LCX0252 Bombay High Court Konkan LNG Private Limited |
Breakwater is necessary for safety and operations rather than directly contribution to production or supply of goods/services thus not qualify as plant and machinery u/s 17(5)(d) of the CGST Act. |
|
2019(04)LCX0016 ORISSA HIGH COURT Safari Retreats Private Limited |
Utilisation of ITC allowed for paying GST on rent received. However, constitutional validity of Section 17(5)(d) upheld. |
ADVANCE RULING
| Particulars | Crux |
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2024(04)LCX0323(AAR) TAMIL NADU Arthanarisamy Senthil Maharaj |
ITC is not admissible under section 17(5)(d) of CGST/TNGST Acts 2017 on the Rotary Parking System. |
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2024(01)LCX0477(AAAR) West Bengal Mindrill Systems and Solutions Private Limited |
No ITC on construction expenses for immovable property, regardless of capitalization in books. |
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2023(12)LCX0368(AAR) Tamil Nadu Suswani Foundations Private Limited |
No ITC on inputs used for constructing godowns meant for commercial rent |
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2021(07)LCX0262(AAR) Tamil Nadu INOX Air Products Pvt Ltd |
ITC would not be available on the services availed and utilized for acquiring the land on lease. |
