. Advocate C.B.Thakar – Digest of case laws

Answers By Expert: Advocate C.B.Thakar
  What is the GST rate on Development and other charges
GST rate on development charges or infrastructure charges collected by builder from customer. If its part of agreement value can it be at 1% or 5%


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  Sucession of business to Legal heir and GST
Assessee was carrying business's of readymade garments as proprietor for many years. On 27th March 2022, assessee expired. As on the date of his death and as on 31.03.2022, there was closing stock of goods of Worth Rs. 700000 and unutilised input credit available of Rs. 58000/- . He was survived by his widow and minor child one Son and one daughter. As per the advice of tax consultant,  wife has obtained the fresh registration under GST and continued the business. GST number of old proprietor is still not cancelled  and no sale of cl stock is made. Issues: 1.…


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  Amendment of the GST Law to apply for Clubs and Associations
Apropos of the Question and Answer @ https://itatonline.org/digest/qa/is-collection-of-gst-by-mc-of-housing-associations-not-highly-objectionable-hence-to-be-stopped/ STATES have the power to levy GST on ‘supply of goods’ ; whereas the CENTRE ‘s power  is restricted to levy tax only on ‘supply of services’ . As such, the 2020-21 GST Law Amendment, according to a view, rightly canvassed so, in so far as it imposes GST Levy on Clubs and Associations, by a deeming provision, cannot become effective  in any State unless and until there is an independent Notification issued by that State . Premised so, the point of grave doubt is, besides the applicable MUTUALITY PRINCIPLE ,- whether…


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  composition scheme under gst
I AM A REGISTERED DEALER IN COMPOSITION SCHEME. I HAVE FISH SALE- 5000000/- AND MECHINERY PARTS SALE-5000000/- FISH SALE-HSN 0302 IS NIL RATED/EXEMPTED. DEPARTMENT IMPOSED 1% TAX ON TOTAL TURNOVER 10000000/- AM I LIABLE TO PAY TAX ON TOTAL TURNOVER?


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  DOCUMENT IDENTIFICATION NUMBER
I am service tax practitioner . In the several service tax notices issued to our clients I observed that the same DIN is quoted for 2 assesses. What is the legal effect . When DIN is duplicated  can it be considered to be valid.


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  Additions on the ground that Revenue has filed an appeal before the HC
Assessee is engaged in the business of Real estate and claimed the deduction U/Sec. 80IB(10) on the housing projects . AO has disallowed the claim on the ground that assessee has violated the various conditions. CIT A has confirmed the disallowance. On further appeal, Hon'ble ITAT has partly allowed the appeal with certain directions. AO completed the set aside assessment and again disallowed the claim of the assessee on the ground that Department has filed an appeal against the order of ITAT before HC and same is pending  and accordingly assessed the same income again. Whether action of the AO…


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  Is Collection of GST by MC of Housing Associations not highly objectionable hence to be stopped ?
https://itatonline.org/articles_new/law-on-levy-of-gst-on-services-provided-by-housing-societies-resident-welfare-associations-rwa-explained/?fbclid=IwAR0QFsBtxFNXAraIzZAfD5Yn9W6mgugt__hL7xHyOpusAU4943mcCTs4ToI https://gstindiapro.com/2021/05/04/mutuality-principle-bowring-institute-gets-aar-reprieve-on-gst/#:~:text=Mutuality%20principle%3A%20Bowring%20Institute%20gets%20AAR%20reprieve%20on,Authority%20for%20Advance%20Rulings%20giving%20a%20favourable%20order. Attention is invited to the last posted comment wrt the AAR in re Bowring case. The AAR has upheld the claim for exemption on the ground MUTUALITY, pending Notification by the central and state governments. In essence, the 2021Amendment of the GST law , that too with retro effect , is not in force till then. However , some high end housing associations who have  already been collecting GST without considering , rather in violation and blatantly ignoring, the host of precedents, have started making additional collections. Is that not highly objectionable and the governing committee should stop…


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  Reversal of GST ITC as per rule 42/43 & valuation of future option transaction
Stock broker is dealing in its own Ac in future & option of equity/currency/commodity/index through stock exchanges. Whether stock broker needs to revere the Common ITC on transaction on securities on above transaction of future & option? If yes then, how to calculate sale value of security in case of future transaction of equity & index? As per explanation value of security will be 1% of sale value of security. whether value of security is 1 % of notional sale value of securities or 1 % of net of difference between future buy & sale.? Further how to calculate value…


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  SERVICE TAX MANDATORY DEPOSIT FOR FILING APPEAL
SERVICE TAX ORDER PASSED RAISING DEMAND OF A PARTNERSHIP FIRM. SAID PARTNERSHIP FIRM IS ALREADY DISOLVED AND CLOSED IN YEAR 2018 AND NOT HAVING ANY RUNNING BANK ACCOUNT. Q1 - CAN THE SERVICE TAX APPEAL BE FILED WITHOUT MANDATORY PRE-DEPOSIT OF 7.5% OF DISPUTED DEMAND Q2. - IF ONE OF THE PARTNERS PAYS 7.5% OF DEPOSIT UNDER SERVICE TAX REGISTRATION OF APPELLANT PARTNERSHIP FIRM AND IF THE APPEAL SUCCEDS AND THE FIRM IS ELIGIBLE TO CLAIM REFUND - IN WHICH BANK ACCOUNT SUCH REFUND WILL BE ISSUED? Q3. CAN PARTNERSHIP FIRM/APPELLANT INSTRUCT THE DEPARTMENT TO ISSUE REFUND OF PRE-DEPOSIT ON…


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