ELP GST Update

M/s Shreenath Polyplast Private Limited (Gujarat) [GUJ/GAAR/R/2018/3]

– Interest received by the Applicant (Del Credere Agent) is consideration towards loan extended to the customers and such interest is not towards the payment of consideration for supply of goods by the principal to the customers (being a separate transaction).
– The consideration represented by way of interest paid on loans shall be exempt from the payment of GST in terms of Entry No. 27 of Notification 12/ 2017- Central Tax (Rate) dated June 28, 2017.

M/s Sreepati Ranjan Gope and Sons (West Bengal) [2018-TIOL-28-AAR-GST]

– Maintenance of railway tracks shall be treated as “Works Contract” attracting a rate of 18% GST and to be classified under SAC Heading 9954 29.
SPECIAL CIVIL APPLICATION

Pratik Satayanarayan Gattani vs. Union of India [No.7129 of 2018]

-The High Court of Gujarat has issued notice to Government in relation to constitutionality of Section 109 of the Central Goods and Services Tax Act, 2017 which pertains to constitution of Appellate Tribunal.

Sh. Kumar Gandharv vs. KRBL Limited (CGST Act) [22011/NAA/12/2018/]

– The Respondent’s product “India Gate Basmati Rice” was not liable for tax before implementation of GST and was accorded a rate of tax of 5% in GST. As there is no reduction of rate of tax; no violation has been made under Section 171 of the Central Goods and Services Tax Act, 2017.