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KERALA STATE SCREENING COMMITTEE ON ANTI-PROFITEEI.. vs. PULIMOOTTILL SILKS


(National Anti-Profiteering Authority | Feb 4, 2019)

1. The present report dated 30.10.2018 has been received from the Directorate General of Anti-Profiteering (DGAP) after detailed investigation under Rule 129 (6) of the Central Goods & Services Tax(CGST) Rules, 2017. The brief facts of the case are that the Kerala State Screening Committee on Anti-profiteering, vide minutes of its meeting held on 08.05.2018 had referred the present case to the Standing Committee on Anti-profiteering, alleging profiteering by the Respondent on the supply o...
☗ Textile

TARALTEC SOLUTIONS PVT. LTD.


(Appellate Authority for Advance Ruling, Maharashtra | Feb 4, 2019)

PROCEEDINGS (under Section 101 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017) At the outset, we would like to make it clear that the provisions of both the CGST Act and the MGST Act are the same except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the CGST Act would also mean a reference to the same provisions under the MGST Act. The present appeal has be...
☗ Energy (power)

IL & FS EDUCATION & TECHNOLOGY SERVICES LTD.


(Appellate Authority for Advance Ruling, Maharashtra | Feb 4, 2019)

At the outset, we would like to make it clear that the provisions of both the CGST Act and the MGST Act are the same except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the CGST Act would also mean a reference to the same provisions under the MGST Act. The present appeal has been filed under Section 100 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter ...
☗ Services (education)

IMS PROSCHOOL PVT. LTD.


(Appellate Authority for Advance Ruling, Maharashtra | Feb 4, 2019)

PROCEEDINGS (under Section 101 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017) At the outset, we would like to make it clear that the provisions of both the CGST Act and the MGST Act are the same except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the CGST Act would also mean a reference to the same provisions under the MGST Act. The present appeal has be...
☗ Services (education)
Could the transporter having no tax liability, for the goods transported, face detention, seizure and penalty, as provided under Section 129 of the Central Goods and Services Tax Act, 2017 (“CGST Act” for brevity)?, is the question that arises for consideration in this appeal over WP(C) No.35665/2018 before us. 2. The facts in brief are thus: The petitioner is a transporting firm engaged in plying about 100 lorries as carriers of goods in India. On 15.10.2018, while the pe...
The petitioner questions the Ext.P5 notice issued by the authorities under Section 25(1) of the Kerala Value Added Tax Act. The authorities seem to have issued a notice even before the petitioner could have a copy of the judgment in a Writ Petition he filed challenging the constitutional vires of Section 174 of the Kerala State Goods and Services Tax Act, besides seeking other reliefs. 2. In response to the submissions made by the petitioner's counsel, the learned Government Pleader f...
In this batch of writ petitions the petitioners have questioned various assessment proceedings. The challenge is on either or both of these grounds that Section 174 of the KSGST Act is ultra vires of the State's legislative power; that the demand is barred by limitation under Section 25(1) of the KVAT Act. 2. All counsel now agree that the issues stand squarely covered against the petitioners by judgment dated 11th January 2019 in W.P.(C) No.11335 of 2018 and connected cases...
The petitioner, a registered dealer under the Kerala Value Added Tax Act, has now migrated to the Goods and Services Tax regime. To use the input tax available to its credit at the time of migration, the petitioner had to upload FORM GST TRAN-1 within the stipulated time. The petitioner asserts that though it attempted to upload form within the time, it failed because of some system error. The petitioner, therefore, seeks directions to enable him to take credit of the available input tax. ...
The petitioner was a registered dealer under the Kerala Value Added Tax Act, now migrated to the Goods and Services Tax regime. To use the input tax available to its credit at the time of migration, the petitioner had to upload FORM GST TRAN-1 within the stipulated time. It asserts that though the petitioner attempted to upload it within the time, it failed because of some system error. The petitioner, therefore, seeks directions to enable him to take credit of the available input tax. 2....

KIRAN CHIMIRALA vs. JUBILANT FOODS WORKS LTD.


(National Anti-Profiteering Authority | Jan 31, 2019)

1. The brief facts of the case are that under Rule 128 of the Central Goods and Services Tax (CGST) Rules, 2017 an application through e-mail dated 29.11 2017 (Annexure-I of the Report) was filed by the Applicant No. 1 against the Respondent stating that he had purchased 1 SGB Stuffed GB (Garlic Bread) and 1 Med NHT Veg Extrava (Medium Veg Pizza) after paying ₹ 129/- and ₹ 440/- per item respectively vide tax Invoice No. 66065/17/66210 dated 20.10.2017 (Annexure-2 of the Report) from the ...
☗ Food & Beverages