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#GSTCase-220-Schedule-I-Compilation of Cases and Circular on Supply of goods or services or both between related persons or between distinct persons as specified in section 25 and Supply of Goods between Principal and Agent

Case-1-Caltech Polymers (P.) Ltd 98 taxmann.com 355 (AAAR-KERALA) The crucial aspects to be considered in this case are the elements of "supply" and "consideration". The appellant company has admitted that they are serving food to the employees for cash, though there is no profit involved in the transaction. In spite of the absence of any profit, the activity of supplying food and charging price...

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#GSTCase-219-Discount and Value of Supply-Compilation of Circular, Agenda to GST Council Meeting and Decisions of AAR on Discounts and its impact on Value of Supply in GST

Part-1- Secondary Discounts-Discount by Way of Credit Note issued under Sec 34 and Secondary Discounts-Discount by Way of Financial Credit Note Reference-1-Circular No. 92/11/2019-GST Dated 7th March 2019 -Secondary Discounts-Discount by Way of Credit Note issued under Sec 34 These are the discounts which are not known at the time of supply or are offered after the supply is already over. For example, M/s A...

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#GSTCase-218-Rule 33-Compilation of Judgements of AAR on Pure Agent in GST

Case-1- Arivu Educational Consultants (P.) Ltd 110 taxmann.com 426 (AAR - KARNATAKA) The applicant is collecting the exact: amount payable to institute or college or universities as exam fee from the students (service recipient) and remits the same amount to the respective institute or college or universities (third party) without any profit element or additions, on the authorization of the student. This payment is...

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#GSTCase-217-Section 15(2)(a)-Whether GST is payable on Mandi Fees collected by the Supplier; Mandi Fees is a tax on buyer and collected by the seller; Whether Scope of Value of Supply in GST should be limited to statutory levy which are on the supplier and collected by the Supplier and would not extend to levy on the recipient but only collected by the supplier.

Mandi Fees is a levy generally on agriculture produces levied under the Agriculture produce Marketing Act. Mandi Fee is payable by the purchaser to the market Committee and not the seller albeit accounted for through him Agricultural Produce Marketing Rules. There has been lot of confusion in both pre-GST Regime and post GST Regime as well whether the same is to be added in the...

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#GSTCase-216-Section 15(2)(b)-Valuation of Supply-Compilation of Judgment/Circular on “any amount that the supplier is liable to pay in relation to such supply but which has been incurred by the recipient of the supply and not included in the price actually paid or payable for the goods or services or both”

Case-1- Circular No. 47/21/2018-GST Dated 8th June 2018 Whether moulds and dies owned by Original Equipment Manufacturers (OEM) that are sent free of cost (FOC) to a component manufacturer is leviable to tax and whether OEMs are required to reverse input tax credit in this case? It is further clarified that while calculating the value of the supply made by the component manufacturer, the value...

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