Amendment in Notification No. SRO -GST-11 DATED 08.07.2017

Amendment in Notification No. SRO -GST-11 DATED 08.07.2017
SRO-GST-29 (Rate) Dated:- 29-1-2018 Jammu and Kashmir SGST
GST – States
Jammu and Kashmir SGST
Jammu & Kashmir SGST
Government of Jammu and Kashmir
Finance Department
Civil Secretariat, Jammu
Notification
Srinagar, the 29th January, 2018
SRO-GST-29 (Rate).- In exercise of the powers conferred by sub-section (1) of section 9, subsection (1) of section 11 ,sub-section (5) of section 15 and sub-section (1) of section 16 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017), the State Government, on the recommendations of the Council, and on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in SRO -GST-11 DATED 08.07.2017 issued by Finance Department, Government of Jammu and Kashmir, namely:-
In the said notification,
(i) in the Table, –
(a ) against serial number 3, in column (3), –
(A) in item (iv),-
(I) for sub-item

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han Mantri Awas Yojana (Urban);';
(III) after sub-item (f), the following sub-items shall be inserted, namely: –
“(g) a building owned by an entity registered under section 12AA of the Income Tax Act, 1961 (43 of 1961), which is used for carrying out the activities of providing, centralised cooking or distribution, for mid-day meals under the mid-day meal scheme sponsored by the Central Government, State Government, Union territory or local authorities.”;
(B) in item (v),
(I) in sub-item (a), for the word “excluding”, the word “including” shall be substituted;
(II) after sub-item (d), the following sub-item shall be inserted, namely: –
“(da) low-cost houses up to a carpet area of 60 square metres per house in an affordable housing project which has been given infrastructure status vide notification of Government of India, in Ministry of Finance, Department of Economic Affairs vide F. No. 13/6/2009-INF, dated the 30th March,2017;”;
(C) for item (ix) and the entries relating there

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ment, State Government, Union territory, a local authority, a Governmental Authority or a Government Entity.
2.5
Provided that where the services are supplied to a Government Entity, they should have been procured by the said entity in relation to a work entrusted to it by the Central Government, State Government, Union territory or local authority, as the case may be.
(xi) Services by way of housekeeping, such as plumbing, carpentering, etc. where the person supplying such service through electronic commerce operator is not liable for registration under subsection (1) of section 22 of the Jammu and Kashmir Goods and Services Tax Act, 2017.
2.5
Provided that credit of input tax charged on goods and services has not been taken [Please refer to Explanation no. (iv)].
(xii) Construction services other than (i), (ii), (iii), (iv), (v), (vi), (vii), (viii),(ix), (x)and (xi) above.
9
-“;
(b) against serial number 9, in the entry in column (3), in item (v), for the words “natural gas

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se of land.
Nil

(ii) Supply of land or undivided share of land by way of lease or sub lease where such supply is a part of composite supply of construction of flats, etc. specified in the entry in column (3), against serial number 3, at item (i); sub-item (b), sub-item (c), sub-item (d), sub-item (da) and sub-item (db) of item (iv); sub-item (b), sub-item (c), sub-item (d) and sub-item (da) of item (v); and sub-item (c) of item (vi).
Provided that nothing contained in this entry shall apply to an amount charged for such lease and sub-lease in excess of one third of the total amount charged for the said composite supply. Total amount shall have the same meaning for the purpose of this proviso as given in paragraph 2 of this notification.
Nil

(iii) Real estate services other than (i) and (ii) above.
9
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(e) against serial number 17, for item (vii) in column (3), and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely: –
(3

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way of house-keeping, such as plumbing, carpentering, etc. where the person supplying such service through electronic commerce operator is not liable for registration under sub-section (1) of section 22 of the Jammu and Kashmir Goods and Services Tax Act, 2017.
2.5
Provided that credit of input tax charged on goods and services has not been taken [Please refer to Explanation no. (iv)].
(iii) Support services other than (i) and (ii) above.
9
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(h) against serial number 24,-
(A) in the Explanation to item (i) in column (3), in clause (i), after sub-clause(g), the following sub-clause shall be inserted, namely:-
“(h) services by way of fumigation in a warehouse of agricultural produce.”;
(B) for item (ii) in column (3) and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely: –
(3)
(4)
(5)
“(ii) Service of exploration, mining or drilling of petroleum crude or natural gas or both.
6

(iii) Support services to mining, elec

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of 1975) respectively;”;
(B) for item (iii) and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely: –
(3)
(4)
(5)
“(iii) Tailoring services.
2.5

(iv) Manufacturing services on physical inputs (goods) owned by others, other than (i), (ia), (ii), (iia) and (iii) above.
9
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(k) for serial number 32 and the entries relating thereto, the following shall be substituted, namely:-
(1)
(2)
(3)
(4)
(5)
“32
Heading 9994
(i) Services by way of treatment of effluents by a Common Effluent Treatment Plant.
6

(ii) Sewage and waste collection, treatment and disposal and other environmental protection services other than (i) above.
9
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(l) against serial number 34, in column (3),-
(A) for item (iii)and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely: –
(3)
(4)
(5)
“(iii) Services by way of admission to amusement parks including theme parks, water parks, joy rides,

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M/s. General Transport Versus State of Kerala and Assistant State Tax Officer State Goods and Services Tax

M/s. General Transport Versus State of Kerala and Assistant State Tax Officer State Goods and Services Tax
GST
2018 (4) TMI 368 – KERALA HIGH COURT – [2018] 1 GSTL 60 (Ker)
KERALA HIGH COURT – HC
Dated:- 29-1-2018
W. P. (C). No. 2963 of 2018
GST
P.B. Suresh Kumar, J.
For the Petitioner:- Sri. Manu Ramachandran, Sri.T.S.Sarath, ADVS.
For the Respondents:- Sri.V.K.Shamsudheen, Government Pleader
JUDGMENT
Petitioner seeks release of the goods detained by the second respond

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Amendment in Notification No. SRO -GST-12 DATED 08/07/2017

Amendment in Notification No. SRO -GST-12 DATED 08/07/2017
SRO GST 30-(Rate) Dated:- 29-1-2018 Jammu and Kashmir SGST
GST – States
Jammu and Kashmir SGST
Jammu & Kashmir SGST
Government of Jammu and Kashmir
Finance Department
Civil Secretariat, Jammu
Notification
Jammu, the 29th January, 2018
SRO GST 30-(Rate).- In exercise of the powers conferred by sub-section (1) of section 11 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017), the State Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following further amendments in SRO -GST-12 DATED 08/07/2017 issued by Finance Department, Government of Jammu and Kashmir namely:-
In the said notification, in the Table,
(a) against serial number 3, in the entry in column (3), after the words "a Governmental Authority" the words " or a Government Entity" shall be inserted,
(b) after serial

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bstituted;
(d) after serial number 19 and the entries relating thereto, the following serial number and entries shall be inserted, namely: –
(1)
(2)
(3)
(4)
(5)
"19A
Heading 9965
Services by way of transportation of goods by an aircraft from customs station of clearance in India to a place outside India.
Nil
Nothing contained in this serial number shall apply after the 30th day of September, 2018,
19B
Heading 9965
Services by way of transportation of goods by a vessel from customs station of clearance in India to a place outside India.
Nil
Nothing contained in this serial number shall apply after the 30th day of September, 2018.
(e) against serial number 22, in the entry in column (3), after item (b), the following item shall be inserted, namely: –
“(c) motor vehicle for transport of students, faculty and staff, to a person providing services of transportation of students, faculty and staff to an educational institution providing services by way of pre-school edu

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the following serial number and entries shall be inserted, namely: –
(1)
(2)
(3)
(4)
(5)
"39A
Heading 9971
Services by an intermediary of financial services located in a multi services SEZ with International Financial Services Centre (IFSC) status to a customer located outside India for international financial services in currencies other than Indian rupees (INR).
Explanation- For the purposes of this entry, the intermediary of financial services in IFSC is a person,-
(i) who is permitted or recognised as such by the Government of India or any Regulator appointed for regulation of IFSC; or
(ii) who is treated as a person resident outside India under the Foreign Exchange Management (International Financial Services Centre) Regulations, 2015; or
(iii) who is registered under the Insurance Regulatory and Development Authority of India (International Financial Service Centre) Guidelines, 2015 as IFSC Insurance Office; or
(iv) who is permitted as such by Securities and Exc

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s shall be inserted, namely. –
(1)
(2)
(3)
(4)
(5)
"53A
Heading 9985
Services by way of fumigation in a warehouse of agricultural produce,
Nil
Nil";
(I) against serial number 54, in the entry in column (3), after item (g), the following item shall be inserted, namely:-
"(h) services by way of fumigation in a warehouse of agricultural produce”.
(m) against serial number 60, in the entry in column (3), the words "the Ministry of External Affairs," shall be omitted;
(n) after serial number 65 and the entries relating thereto, the following serial number and entries shall be inserted, namely: –
(1)
(2)
(3)
(4)
(5)
"65A
Heading 9991
Services by way of providing information under the Right to Information Act, 2009.
Nil
Nil”;
(o) against serial number 66, in the entry in column (3),-
(i) after item (a), the following item shall be inserted, namely:-
"(aa) by an educational institution by way of conduct of entrance examination again

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Amendment in Notification No. SRO-GST-13 DATED 08.07.2017

Amendment in Notification No. SRO-GST-13 DATED 08.07.2017
SRO GST 31-(Rate) Dated:- 29-1-2018 Jammu and Kashmir SGST
GST – States
Jammu and Kashmir SGST
Jammu & Kashmir SGST
Government of Jammu and Kashmir
Finance Department
Civil Secretariat, Jammu
Notification
Jammu, the 29th January, 2018
SRO. GST. 31 (Rate).- In exercise of the powers conferred by sub-section (3) of section 9 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017), the State Government, on the recommendations of the Council, hereby makes the following further amendments in SRO-GST-13 DATED 08.07.2017 issued by Finance Department, Government of Jammu and Kashmir, namely:-
In the said notification,-
(i) in the Table, after seria

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M/s. Chemplast Sanmar Ltd Versus Commissioner of GST And Central Excise, Trichy

M/s. Chemplast Sanmar Ltd Versus Commissioner of GST And Central Excise, Trichy
Central Excise
2018 (3) TMI 606 – CESTAT CHENNAI – TMI
CESTAT CHENNAI – AT
Dated:- 29-1-2018
E/Misc./41823/2017 & E/341/2011 – A/40235/2018
Central Excise
Ms. Sulekha Beevi C.S., Member (Judicial) And Shri B. Ravichandran, Member (Technical)
Shri V.S. Manoj, Advocate – for the Appellant
Shri A. Cletus, Addl. Commissioner (AC) – for the Respondent
ORDER
Per: Ms. Sulekha Beevi,
Brief facts are that the appellants who are engaged in manufacture of excisable products are also availing the facility of CENVAT credit on inputs, capital goods and input services. On perusal of ER-1 returns, it was noticed that the appellant had availed irregular credit on various MS items under the category of capital goods. Department was of the view that the credit availed on MS plates, sheets, beams, angles etc. used in structural construction of factory buildings, workshop, work shed etc. and also for

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redit has been availed by the appellant under the category of capital goods on MS items which were used as structural support for the tanks and pipelines. The tanks have to be placed at various heights and the raw material which is in liquid nature has to be carried through pipeline to various heights. MS items were used for structural support of the tanks and the pipelines. These are nothing but accessories of capital goods and therefore fall within the definition of capital goods. The ld. counsel submitted that the authority below has denied the credit merely relying upon the decision in the case of Vandana Global Ltd. – 2010-TIOL-624-CESTAT-DEL-LB, wherein it was held that credit is not admissible, as after fabrication, the MS items become part of the immovable property. He argued that the said decision is no longer a good law and the Tribunal by various decisions has held that credit availed on MS items used for structural support of capital goods is eligible for credit. That the i

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f the photographs, we find that the submission made by the ld. counsel is not without merit. The Tribunal in the appellant's own case for a period prior to 7.7.2009 which analyzed the very same issue held that when the MS items are used for structural support of capital goods applying the user test evolved by the Hon'ble Supreme court in the case of Rajasthan Spinning and Weaving Mills Ltd. – 2010 (255) ELT 481 (SC), observed that pipelines cannot be made functional without properly securing them and these structural supports are integral part of such plant and machinery. Following the decision in the case of Thiru Arooran Sugars (supra), as well as the decision in the case of Rajasthan Spinning and Weaving Mills Ltd. (supra) and that of India Cements Ltd. – 2014-TIOL-1185-HC-MAD, we hold that disallowance of credit is unjustified. The impugned order is set aside and the appeal is allowed with consequential relief, if any.
6. The miscellaneous application filed for change of cause tit

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Commissioner, GST And Central Excise, Chennai South Commissionerate Chennai Versus M/s. Caterpillar India Pvt. Ltd.

Commissioner, GST And Central Excise, Chennai South Commissionerate Chennai Versus M/s. Caterpillar India Pvt. Ltd.
Central Excise
2018 (3) TMI 605 – CESTAT CHENNAI – TMI
CESTAT CHENNAI – AT
Dated:- 29-1-2018
E/Misc./41198/2017 & E/CO/49/2010 & E/352/2010, E/Misc./41021/2017 & E/100/2011, E/CO/14 & 15/2011 and E/187 & 188/2011 – A/40228-40231/2018
Central Excise
Ms. Sulekha Beevi C.S., Member (Judicial) And Shri B. Ravichandran, Member (Technical)
Shri A. Cletus, Addl. Commissioner (AR) – for the Appellant
Shri P.R. Renganathan, Advocate – for the Respondent
ORDER
Per B. Ravichandran,
These four appeals are by Revenue against various impugned orders of the Commissioner (Appeals), LTU, Chennai. The impugned orders

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ervices were specifically covered under “designing services” and the respondents are eligible for refunds. The Revenue contested the said orders stating that these are not designing service and mere conversion of 2D image to 3D drawing will not make it a designing work.
2. We have heard both sides and perused the appeal records.
3. At the outset, both sides agree that for the very same respondent, for the earlier periods, on the same dispute, the matter came up before the Tribunal. The case was decided as reported in 2011 (24) STR 74 (Tri. Chennai). In the said order, the Tribunal held that the services rendered by the respondents were appropriately to be considered under “consulting engineer's service. The period covered in the said appe

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ent's own case, we are holding that the respondents did export taxable service, they are eligible for refund as claimed under Rule 5. We note that in the earlier proceedings also the Tribunal remanded the matter for other verifications like documents, quantification of such refund. Though the respondents submitted that the original proceedings did not raise these issues, we note that sanction of refund would necessarily involve verification of documents along with required details.
4. In view of the above discussion and analysis, we find that the appeals presently filed by the Revenue are without merit. Accordingly, the same are dismissed.
5. The miscellaneous application filed for change of cause title of the name of the appellant to Com

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Extension of Time limit for filing FORM GSTR-6

Extension of Time limit for filing FORM GSTR-6
2/2018 Dated:- 29-1-2018 Telangana SGST
GST – States
Telangana SGST
Telangana SGST
GOVERNMENT OF TELANGANA
COMMERCIAL TAXES DEPARTMENT
TGST Notification No. 2/2018
CCT's Ref No. A(1)/115/2017
Dt. 29-01-2018
Sub:- Extension of Time limit for filing FORM GSTR-6.
In exercise of the powers conferred by sub-section (6) of Section 39 read with Section 168 of the Telangana Goods and Services Tax Act, 2017 (23 of 2017) (hereinafter refe

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M/s. Panasonic Energy India Co. Ltd. Versus CCE, CGST & ST, Indore

M/s. Panasonic Energy India Co. Ltd. Versus CCE, CGST & ST, Indore
Central Excise
2018 (2) TMI 1394 – CESTAT NEW DELHI – TMI
CESTAT NEW DELHI – AT
Dated:- 29-1-2018
Excise Appeals Nos. 51790-51799 and 51940/2017 – Final Order No. 50641-50651/2018
Central Excise
Hon'ble Shri S. K. Mohanty, Member ( Judicial )
Shri Saurabh Dixit, Advocate for the appellant
Shri K. Podar, DR for the respondent
ORDER
Per S.K. Mohanty
The issue involved in these appeals are identical. Accordingly, with consent of both the sides, the same are taken up for hearing together and a common order is being passed.
2. The brief facts of the case are that the appellant, M/s. Panasonic Energy India Co. Ltd. is engaged in the manufacture of Dry Battery Cells, falling under Chapter 85 of the Central Excise Tariff Act, 1985. For delivery of the goods at buyer's premises, the appellants avails the services of goods transport agency and pays outward freight on such transportation. In the capacity

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on outward freight upto the place of removal. Consequent upon the remand directions contained in the order dated 28.08.2015, the Asstt. Commissioner of Central Excise took up the de novo adjudication proceedings and passed the orders dated 31.05.2016 and 31.03.2017 in disallowing the cenvat benefit to the appellant. On appeal, the adjudication orders were upheld by the ld. Commissioner (Appeals) vide the impugned orders 28.04.2017 and 7.9.2017. Being dis-satisfied with the impugned orders passed by the ld. Commissioner (Appeals), the appellant has filed these appeals before the Tribunal.
3. Ld. Advocate appearing for the appellant submits that as per the agreement entered into between the appellant and its buyers, the place of delivery of the goods is at the factory of the buyer and the appellant incurred the freight and insurance element for such transportation of the goods for delivery at the buyers' premises. He further submits that considering the amount of freight as a part of a

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of taking of cenvat credit. The ld. Advocate has also produced certificate of the Chartered Accountant to demonstrate that the ownership/title of the goods during the disputed period were passed on by the appellant at its buyer's premises.
4. On the other hand, ld. AR appearing for the Revenue reiterates the findings recorded in the impugned order. He further submits that the appellant has only submitted the sample copy of the purchase orders and invoices in relation to one buyer and the same cannot be considered as the proper documents for deciding the issues involved in the bunch of appeals, involving different buyers. Thus, he submits that for verification of the factual aspect, the matter should go back to the Original Authority.
5. Heard both the sides and examined the case records.
6. The term “input service” has been defined under Rule 2 (l) of the Cenvat Credit Rules, 2004. The said definition underwent amendments from time to time. For the period from August, 2005 to March

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ect of amendment was that the Phrase “from the place of removal” was substituted by “upto the place of removal”. As per the amended provisions of definition of “input service”, service tax paid on freight for transportation of goods “upto the place of removal” should only merit consideration as input service. In this case, I find the purchase order issued by one of the buyers, M/s. Videocon Industries Ltd. shows that the delivery of the goods was on FOR destination basis. As per the terms of the purchase order, the appellant had issued invoice, showing all inclusive rate (including freight) and paid the central excise duty on such assessable value. Since the goods were delivered at the buyer's premises, the place of delivery should merit consideration as “input service” for the purpose of extending the cenvat benefit of service tax paid on the outward freight amount by the appellant. Therefore, the freight paid by the appellant from 1.4.2008 to 10.07.2014 should merit consideration as

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sferred from the appellant to its buyers at their premises and the transaction was on FOR destination basis, the service tax paid on freight element should be eligible for cenvat benefit.
9. However, since the appellant, at this juncture, has not produced all the copies of the purchase orders/invoices in respect of all the buyers and only submitted sample copies issued by few numbers of buyers, I am of the view that the matter should go back to the Original Authority for verification of the purchase orders/invoices in respect of the buyers, to whom the goods were sold by the appellant on FOR destination basis. If the Original Authority is satisfied that the ownership /title of the goods passed on by the appellant at its buyer's premises, the service tax paid on the freight element should be extended to the appellant as cenvat benefit. Since the period involved in these appeals are very old, the Original Authority should complete the adjudication proceedings, preferably within a period

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Amendment in Notification No. SRO – GST – 1 DATED 08.07.2017

Amendment in Notification No. SRO – GST – 1 DATED 08.07.2017
SRO GST 34-(Rate) Dated:- 29-1-2018 Jammu and Kashmir SGST
GST – States
Jammu and Kashmir SGST
Jammu & Kashmir SGST
Government of Jammu and Kashmir
Finance Department
Civil Secretariat, Jammu
Notification
Jammu, the 29 January, 2018
SRO-GST 34 (Rate).- In exercise of the powers conferred by sub-section (1) of section 9 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017), the State Government, on the recommendations of the Council, hereby makes the following amendments SRO – GST – 1 DATED 08.07.2017 issued by Finance Department, Government of Jammu and Kashmir, namely:-
In the said notification, –
(A) in Schedule 1 – 2.5%,
(i) after S. No. 76 and the entries relating thereto, the following serial number and the entries shall be inserted, namely:-
"76A
13
Tamarind kernel owder";
(ii) after S. No. 78 and the entries relating thereto, the following serial number a

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try "Corduroy fabrics, velvet fabrics" shall be substituted;
(viii) in S. No. 224A, for the entry in column (2), the entry "6309 or 6310" shall be substituted;
(ix) after S. No. 243 and the entries relating thereto, the following serial number and the entries shall be inserted, namely:-
"243A
88 or Any other chapter
Scientific and technical instruments, apparatus, equipment, accessories, parts, components, spares, tools, mock ups and modules, raw material and consumables required for launch vehicles and satellites and payloads";
(B) in Schedule II-6%, –
(i) after S. No. 32A and the entries relating thereto, the following serial number and the entries shall be inserted, namely:-
"32AA
1704
Sugar boiled confectionery";
(ii) after S. No. 46A and the entries relating thereto, the following serial number and the entries shall be inserted, namely:-
"46B
2201
Drinking water packed in 20 litres bottles";
(iii) in S. No. 56,

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serial number and the entries shall be inserted, namely: –
"80A
3826
Bio-diesel";
(viii) for S. No. 99A and the entries relating thereto, the following serial numbers and the entries shall be substituted, namely: –
"99A
4418
Bamboo wood building joinery
99B
4419
Tableware and Kitchenware of wood";
(ix) S. No. 103 and the entries relating thereto shall be omitted;
(x) S. No. 104 and the entries relating thereto shall be omitted;
(xi) in S. NO. 133, in column (3), after the words, "Absorbent cotton wool", the words and brackets, "[except cigarette filter rods]", shall be added;
(xii) in S. No. 147, for the entry in column (3), the entry "Woven pile fabrics and chenille fabrics except Corduroy fabrics, velvet fabric, other than fabrics of heading 5802 or 5806", shall be substituted;
(xiii) after S. No. 195A, and entries relating thereto, the following serial number and the entries shall be inserted, namely: –
"19

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ed;
(vi) in S. No. 87, in column (3), after the words, "and similar products", the words, figure and brackets, "[other than bio-pesticides mentioned against S. No. 78A of Schedule-Il]" shall be added;
(vii) S. No. 99, and the entries relating thereto, shall be omitted;
(viii) in S. No. 137F, in column (3), after the words, "shingles and shakes", the words '[other than bamboo wood building joinery]" shall be added;
(ix) after S. No. 163 and the entries relating thereto, the following serial number and the entries shall be inserted, namely:-
"163A
56012200
Cigarette Filter rods";
(x) for S. No. 236A and the entries relating thereto, the following serial number and the entries shall be substituted, namely:-
"236A
7323 9410
Ghamella
236B
7324
Sanitary ware and parts thereof, of iron and steel";
(xi) in S. No. 325, for the entry in column (3), the entry "Mechanical appliances (whether or not hand-operated)

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all be inserted, namely .
"229
Any
Chapter
Actionable claim in the form of chance to win in betting , gambling , or horse racing in race club";
(E) in Schedule V-1.5%,-
(i) S. No. 2, and the entries relating thereto, shall be omitted;
(ii) in S. No. 3, for the entry in column (3), the entry "Semi-precious stones, whether or not worked or graded but not strung, mounted or set; semi-precious stones, temporarily strung for convenience of transport [other than Unworked or simply sawn or roughly shaped]" shall be substituted;
(iii) in S. No. 4, for the entry in column (3), the entry "Synthetic or reconstructed semi-precious stones, whether or not worked or graded but not strung, mounted or set; ungraded synthetic or reconstructed semi-precious stones, temporarily strung for convenience of transport]" shall be substituted;
(iv) against S. No. 13, in column (3), the words and symbols, "[other than bangles of lac/shellac]" shall be omitted;

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Amendment in Notification No. SRO – GST-2 DATED 08.07.2017

Amendment in Notification No. SRO – GST-2 DATED 08.07.2017
SRO GST 35-(Rate) Dated:- 29-1-2018 Jammu and Kashmir SGST
GST – States
Jammu and Kashmir SGST
Jammu & Kashmir SGST
Government of Jammu and Kashmir
Finance Department
Civil Secretariat, Jammu
Notification
Jammu, the 29 January, 2018
SRO-GST-35 (Rate).- In exercise of the powers conferred by sub-sections (1) and (3) of section 11 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017), the State Government, on the recommendations of the Council, hereby makes the following further amendments in SRO – GST-2 DATED 08.07.2017 issued by Finance Department, Government of Jammu and Kashmir, namely:-
In the said notification,
(1) in the Schedule,

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Amendments in SRO-GST-26 (Rate) Dated 15/11/2017

Amendments in SRO-GST-26 (Rate) Dated 15/11/2017
SRO GST 37-(Rate) Dated:- 29-1-2018 Jammu and Kashmir SGST
GST – States
Jammu and Kashmir SGST
Jammu & Kashmir SGST
Government of Jammu and Kashmir
Finance Department
Civil Secretariat, Jammu
Notification
Jammu, the 29 January, 2018
SRO.GST.37 (Rate).- In exercise of the powers conferred by sub-section (1) of section 11 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017) (hereafter in this notification referred to as "the said Act") read with sub-section (3) of section 11 of the said Act, the State Government, on being satisfied that it is necessary in the public interest so to do , on the recommendations of the Council, makes the follow

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epartment of Scientific and Research", the words "Department of Scientific and Industrial Research", shall be substituted.
(2) after the Table, the existing Explanation shall be numbered as Explanation I thereof and after Explanation 1 as so numbered, the following Explanation shall be inserted, namely: –
"Explanation 2 – For the the purposes of this notification, exemption would be in line with the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 51/96- Customs, dated the 23rd July, 1996, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R, 303(E), dated the 23rd July, 1996 and is applicable with effect from the 15th N

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M/s Seth Prasad Agro Private Limited Through Its Director Versus State of U.P. And 3 Others

M/s Seth Prasad Agro Private Limited Through Its Director Versus State of U.P. And 3 Others
GST
2018 (2) TMI 195 – ALLAHABAD HIGH COURT – 2018 (12) G. S. T. L. 494 (All.)
ALLAHABAD HIGH COURT – HC
Dated:- 29-1-2018
Writ Tax No. 95 of 2018
GST
Hon'ble Pankaj Mithal And Hon'ble Saral Srivastava, JJ.
For the Petitioner : Mr Aditya Bhushan Singhal, Mr Aditya Pandey, Mr Bipin Kumar Pandey
For the Respondent : C.S.C.,A.S.G.I. 
ORDER
Heard Sri Aditya Pandey, learned counsel for the petitioner, Sri C.B. Tripathi, special counsel for the respondents no. 1, 3 and 4 and Sri Anant Kumar Tiwari, learned counsel for the respondent no. 2.
The petitioner is aggrieved by the order of seizure dated 11.01.2018 alleged t

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hi, in response to the above argument submits that in the matters covered by Integrated Goods and Services Tax Act, 2017 (IGST) the provisions of Central G.S.T. Act apply mutatis mutandis. Since analogous provisions like Section 129(1) of the U.P.G.S.T. Act exist in the Central G.S.T. Act as well, the order of seizure is not illegal or without jurisdiction.
The U.P.G.S.T. Act makes provision for levy and collection of tax on intrastate supply of goods or services or both i.e. relating to transactions within the State, whereas IGST Act covers interstate transactions. In this view of the matter, the transaction in question is treated to be covered by the IGST Act and the provisions of U.P. G.S.T. Act would not apply. However, a similar provi

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g the same as the power of seizure is clearly traceable under the relevant Act as well.
Accordingly, we are of the view that the impugned order is to be treated to have been passed under IGST Act read with Section 129 of the Central G.S.T. Act rather than the one passed under U.P.G.S.T. Act.
The next submission of Sri Pandey, is that the consignment of goods has been seized by treating them to be 'Ghamella' rather than 'Tasla'. 'Tasla' was exempted from G.S.T. vide notification dated 29.06.2017 and 'Ghamella' has been included in the taxable goods vide notification dated 25.01.2018. Thus, on the relevant date 'Ghamella' was also an exempted item and the order of seizure is patently illegal.
In view

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Amended GST Rates: Item-Wise Tax Schedule for CGST, UTGST, SGST & IGST with Updates and Annotations.

Amended GST Rates: Item-Wise Tax Schedule for CGST, UTGST, SGST & IGST with Updates and Annotations.

GST
Rate of Tax on Services – CGST / UTGST / SGST / IGST – Goods and Services Tax – Item

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Exemption List: Services Not Subject to GST Under CGST, UTGST, SGST, and IGST; Recent Amendments Included.

Exemption List: Services Not Subject to GST Under CGST, UTGST, SGST, and IGST; Recent Amendments Included.

GST
Services – General Exemption from GST – CGST / UTGST / SGST / IGST – Goods and

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GST Update: IGST at 5%, CGST and SGST/UTGST Each at 2.5% with Schedule Amendments and Alerts.

GST Update: IGST at 5%, CGST and SGST/UTGST Each at 2.5% with Schedule Amendments and Alerts.

GST
Rates of Tax on Goods – Schedule 1 – IGST @ 5% – CGST @ 2.5% – SGST / UTGST @ 2.5% – Goods a

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GST Schedule 2 Tax Rates: IGST at 12%, CGST and SGST/UTGST at 6% Each for Goods.

GST Schedule 2 Tax Rates: IGST at 12%, CGST and SGST/UTGST at 6% Each for Goods.

GST
Rates of Tax on Goods – Schedule 2 – IGST @ 12% – CGST @ 6% -SGST / UTGST @ 6% – Goods and Services Tax –

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GST Schedule 3 Tax Rates: IGST at 18%, CGST and SGST/UTGST Each at 9% with Updated Item Schedules.

GST Schedule 3 Tax Rates: IGST at 18%, CGST and SGST/UTGST Each at 9% with Updated Item Schedules.

GST
Rates of Tax on Goods – Schedule 3 – IGST @ 18% – CGST @ 9% – SGST / UTGST @ 9% – Goods

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Goods Tax Rates Include IGST at 28%, CGST at 14%, SGST/UTGST at 14% per Schedule 4 under GST Framework.

Goods Tax Rates Include IGST at 28%, CGST at 14%, SGST/UTGST at 14% per Schedule 4 under GST Framework.

GST
Rates of Tax on Goods – Schedule 4 – IGST @ 28% – CGST @ 14% – SGST / UTGST @ 14%

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New GST Rates: IGST 3%, CGST 1.5%, SGST/UTGST 1.5% Under Schedule 5 with Recent Amendments and Updates.

New GST Rates: IGST 3%, CGST 1.5%, SGST/UTGST 1.5% Under Schedule 5 with Recent Amendments and Updates.

GST
Rates of Tax on Goods – Schedule 5 – IGST @ 3% – CGST @ 1.5% – SGST / UTGST @ 1.5%

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Schedule 6 Updates: IGST 0.25%, CGST 0.125%, SGST/UTGST 0.125% for Goods; Item-wise GST Amendments Included.

Schedule 6 Updates: IGST 0.25%, CGST 0.125%, SGST/UTGST 0.125% for Goods; Item-wise GST Amendments Included.

GST
Rates of Tax on Goods – Schedule 6 – IGST @ 0.25% – CGST @ 0.125% – SGST / UT

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Amended GST Exemption Schedule: Key Updates on Item-Specific Exemptions Under CGST, UTGST, SGST, and IGST.

Amended GST Exemption Schedule: Key Updates on Item-Specific Exemptions Under CGST, UTGST, SGST, and IGST.

GST
Goods – General Exemption from GST – CGST / UTGST / SGST / IGST – Goods and Ser

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5% GST Rate on Scientific Equipment for Public-Funded Research Institutions to Boost R&D Efforts.

5% GST Rate on Scientific Equipment for Public-Funded Research Institutions to Boost R&D Efforts.
Notifications
GST
Concessional GST rate of 5% on scientific and technical equipments supplied

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New GST Concessional Rates Announced for Old and Used Vehicles to Boost Second-Hand Market Transactions.

New GST Concessional Rates Announced for Old and Used Vehicles to Boost Second-Hand Market Transactions.
Notifications
GST
Concessional rate of GST on Old and used Vehicles – Notification

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IGST Exemption Granted for Inter-State Goods Supplies to Streamline Trade and Reduce Tax Burden Under GST Rules.

IGST Exemption Granted for Inter-State Goods Supplies to Streamline Trade and Reduce Tax Burden Under GST Rules.
Notifications
GST
Absolute Exemption from IGST on inter-State supplies of good

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IGST Rate Schedule Details Tax Rates on Goods u/s 5(1): 0.25%, 3%, 5%, 12%, 18%, and 28.

IGST Rate Schedule Details Tax Rates on Goods u/s 5(1): 0.25%, 3%, 5%, 12%, 18%, and 28.
Notifications
GST
IGST Rate Schedule u/s 5(1) – notifying rates of IGST @ 5%, 12%, 18%, 28%, 3% and 0.

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