Category: GST Law

Archive for the ‘GST Law’ Category


UOI v. Intercontinent Consultants & Technocrats Pvt Ltd (2018) 4 SCC 669/AIR 2018 SC 3754/(2018) 66 GST 450 (SC)

Service Tax (Finance Act, 1994)
S. 67 : Valuation of taxable services for charging Service tax – Rule 5- Validity of provision – Determination of value – Reimbursable expenditure or cost incurred by service provider while providing taxable service –Rule 5(1) which provides for inclusion of said expenses in value of taxable service – It is ultra vires to Section 66 and 67 of the Finance Act, 1994
[Service Tax (Determination of Value Rules, 2006 , R.5; Finance Act, 1994, S.66, 67]

State of Punjab v. Nokia India Pvt Ltd AIR 2015 SC 1068/ (2015) 49 GST 277 (SC)/ 2015 ( 315 ) ELT 162 (SC)/ MANU /SC /1178 /2014 ( SC)

Punjab Value Added Tax Act , 2005
Entry 60 (6)(g) : Concessional rate of levy- Mobile battery charger-whether part of mobile phone or accessory thereof-Cell phones covered by HSN code 8525.20.17 – Entry 60(6)(g) of Schedule B under the Punjab & Haryana VAT Act covered said HSN and liable to VAT @ 4%-respondent sold cell phone and battery charger in a single solo pack and collected VAT @4% on the total pack-VAT @ 12.5% collected on separate sale of battery chargers –Battery charger is an accessory of cell phone and not part thereof-concessional rate of tax not applicable. [ S. 26 , 32(1), 53 ]

Sodexo SVC India Pvt. Ltd. v. State of Maharashtra & Others (2015) 16 SCC 479/AIR 2016 SC 413/(2016) 53 GST 293(SC)/2016 (331) ELT 23 (SC)

Maharashtra Municipal Corporation Act , 1949
S. 2(31A): Local Body Tax ( LBT) – Goods for levy of Octroi or Local Body Tax – Entry of Sodexo meal vouchers into the municipal limits of Mumbai-whether liable to LBT which is tax on entry of the “goods” for use, sale or consumption-meal vouchers issued to customers for definite value which are meant for distribution amongst their employees- employees visit the affiliated restaurants, departmental stores, shops etc which are affiliated-Vouchers are not “goods” and are not liable to Local Body Tax. [ S. 2(25 ), 2 (42) ]

N.M. Goel & Co v. Sales Tax Officer, Rajnandgoan (1989) 1 SCC 335/AIR 1989 SC 285/1988 (38) ELT 733 (SC)/(1989) 72 STC 368 (SC)

Madya Pradesh General Sales tax Act , 1939
S.2(n): Works Contract – Material supplied by the employer – price of the material so supplied and consumed by the contactor deducted from the prices of the material in the final bill of the contractor – Entry Tax payable on the entry of goods into the local area for sale, consumption or use – Supplies are “sales” within the meaning of the MP Gen. Sales Tax Act – Contractor liable to pay entry tax [7(1), M. P. Sthaniya Kshetra Me Mal Ke Pravesh Per Kar Adhiniyam,1976, S. 3(1) , 6(c)]

Kone Elevator India (P) Ltd. v. State of Tamil Nadu (2014) 7 SCC 1/(2014) 71VST9 (SC)/2014 (304) ELT 161 (SC)

Madras General Sales tax Act , 1939
S.2(i): Works contract -Lift installation- Construction- Building products – Manufacture, supply and installation of lifts- A contract for manufacture, supply and installation of lifts is a works contract [ S. 4, 5 ,6 ,7 , Constitution of India ,Art, 366(29A)(b) ,Finance Act , 1994 , S, 65(29) , S. 2 , Maharashtra Lifts Act , 1939, S .3(e), Sale of Goods Act 1930 , S.21 ]

State of Karnataka v. Durga Project Inc. (2018)4 SCC 633/(2018) 66 GST 476 (SC)

Karnataka Value Added Tax, 2003
S.4: Liability to tax and rates thereof – Works Contract-rate of tax-Karnataka VAT Act- Rate of tax applicable on the various goods involved in the execution of works contract as per specific entry in the rate schedules [ S. 3(1) , 4(1)( c ) ]

Maya Appliances (P) Ltd v. Addl CCT (2018) (2) SCC 756/AIR 2018 SC 810 (2018) 66 GST 210 (SC)/2018-TIOL-47-SC-VAT-LB

Karnataka Value Added Tax, 2003 S. 2 (36): Turnover means – Valuation – Deduction of trade discount from total turnover – discount was not relatable to the sales effected by the relevant tax invoices – All trade discounts are allowable as permissible deductions. [ S. S.2(34), 64(1); Karnataka Value Added Tax Rules, 2005, R.3(2) (c)]

Dy. CCT v. Hindustan Lever Ltd 2016 SCC Online SC 646

Karnataka Sales Tax Act, 1957
S. 8A: Power of State Government to notify exemption and reductions of tax – Maximum ( or Max ) Retail Price ( MRP) – MRP of a packaged product-Inclusive of all taxes-Cannot establish the collection of sales tax over the product [ Standard of Weights and Measures Act , 1976 , Rule 6 ]

Great Eastern Shipping Co. Ltd. v. State of Karnataka (2020) 35 SCC 354/(2020) 78 GST 98/MANU/SC/1674/2019

Karnataka Sales Tax Act, 1957
S. 5C:Levy of tax on the transfer of the right to use any goods- Transfer of right to use – Charter Party Agreement [ Andra Pradesh General Sales tax Act 1957 , S 5E, Constitution of India , Art, 28, 246(4), 286, 297(3), 366(29A)(d) ]

UOI v. Mohit Mineral (P) Ltd (2019) 2 SCC 599/AIR 2018 SC 318/(2018) 69 GST 743 (SC)

Goods and Services Tax (Compensation to States) Act, 2017
S.11: Other provisions relating to Cess- GST Compensation Cess – Valid – Traceable to Articles 246A, 248 as well as 270 [Constitution of India Arts , 39, 245, 246(1) 246A, 248, 254, 269, 270, 271, 366(26A )