Team ALA Legal Archive

Reduced GST Rates for Real Estate – GST Council Decision

In the 33rd GST Council Meeting, the Council approved the following tax rates on residential housing properties. 1. GST Rate i. 5% without ITC on Non-Affordable residential housing properties; ii. 1% without ITC on Affordable residential housing properties. 2. Effective Date The new rates shall become applicable from 1 of April, 2019. 3. Definition of affordable housing i. In non-metropolitan cities/towns: A …

Denial of cross examination is in violation of principles of natural justice – Calcutta High Court

The petitioner in the case of Sampad Narayan Mukherjee v. Union of India & Ors., W.P. No.25447 (W) of 2018 challenged an order-in-original confirming allegations raised in a show cause notice. The petitioner had replied to the said show cause notice and had also requested for cross-examination of witnesses whose statements were relied upon in the show cause …

Bottling Arrangement of Alocoholic Liquor For Human Consumption – Summary of Order of Maharashtra AAR

The recent Order of the Maharashtra AAR in the matter of Crown Beers India Pvt. Ltd dated 04.09.2018 has been summarized as under: Facts in the Application: The Bottler is to brew / manufacture package and supply beer to buyers / distributors in the territory identified by Applicant. In consideration for fulfillment of the above …

Anti-Profiteering Provisions Under GST and our Suggestions

1. Wharton’s Law Lexicon and Black’s Law Dictionary has defined “Profiteering” as “Taking advantage of unusual or exceptional circumstances to make excessive profits” and anti-profiteering is a measure taken against profiteering. 2. Section 171 of the Central Goods and Services Tax Act, 2017, makes it mandatory to pass on the additional benefit received to the …