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WELCOME TO TAXLOK.COM. THIS SITE IS TO SOLVE ALL YOUR TAX PROBLEMS. SUBSCRIBE OUR PRODUCTS ONLINE AND OFFLINE FOR QUICK SOLUTION OF YOUR TAX PROBLEMS AND STAY AHEAD IN YOUR PROFESSION. YOU CAN SUBSCRIBE RIGHT NOW.
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WELCOME TO TAXLOK.COM. THIS SITE IS TO SOLVE ALL YOUR TAX PROBLEMS. SUBSCRIBE OUR PRODUCTS ONLINE AND OFFLINE FOR QUICK SOLUTION OF YOUR TAX PROBLEMS AND STAY AHEAD IN YOUR PROFESSION. YOU CAN SUBSCRIBE RIGHT NOW.
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The application for advance ruling is rejected being non-maintainable.
Shanti Prime Publication Pvt. Ltd.
Levy of GST —
the applicant, seeking an advance ruling in respect of the following questions :-
What is the legal procedure for cancellation of flat which is booked in pre-GST Regime and cancelled in post-GST Regime. Also, GST liability in cases where some small amount is retained, for cancellation (after discussion with customer)
the issue for determination before the Authority for Advance Ruling (‘AAR’) is - whether GST input tax credit of Service Tax and State VAT paid while booking of flat is available to the Developer, if cancelled in GST regime? What will be the methodology to avail Input Tax Credit on the said taxes paid?
Held that— As is informed the transaction of booking of flat was undertaken prior to the implementation of the GST Act in the State of Maharashtra and therefore that sets the record clear that no transaction of booking has happened under the provisions of the GST Act. However, we hasten to add what has been additionally informed is that one fallout of the aforesaid transaction has occurred in the GST regime. This fallout is that the transaction of booking has been cancelled in the GST regime. This cancellation has two aspects. One where the cancellation comes with retention of some amount for cancellation. The other, though not expressly stated, is cancellation without retention of any amount for cancellation. It has been submitted before us that the cancellation with retention of some amount is being considered as a service by the applicant and GST is being discharged in respect of the same. For the reason being so, the applicant has decided not to contest, in the present proceedings, the issue about cancellation with retention of some amount. We therefore move to the issue of cancellation of booking without any consideration for effecting the cancellation. It is a admitted fact that the transaction of booking has taken place in the pre-GST regime. That being so, it would be but obvious an inference that no transaction has taken place in the GST regime. There is no ‘supply’ under the GST Act.
the application for advance ruling is rejected being non-maintainable.Kolte Patil Developers Ltd., In Re…. [2018] 4 TAXLOK.COM 099 (AAR-Maharashtra)
The application for advance ruling is rejected being non-maintainable.
Shanti Prime Publication Pvt. Ltd.
Levy of GST —
the applicant, seeking an advance ruling in respect of the following questions :-
What is the legal procedure for cancellation of flat which is booked in pre-GST Regime and cancelled in post-GST Regime. Also, GST liability in cases where some small amount is retained, for cancellation (after discussion with customer)
the issue for determination before the Authority for Advance Ruling (‘AAR’) is - whether GST input tax credit of Service Tax and State VAT paid while booking of flat is available to the Developer, if cancelled in GST regime? What will be the methodology to avail Input Tax Credit on the said taxes paid?
Held that— As is informed the transaction of booking of flat was undertaken prior to the implementation of the GST Act in the State of Maharashtra and therefore that sets the record clear that no transaction of booking has happened under the provisions of the GST Act. However, we hasten to add what has been additionally informed is that one fallout of the aforesaid transaction has occurred in the GST regime. This fallout is that the transaction of booking has been cancelled in the GST regime. This cancellation has two aspects. One where the cancellation comes with retention of some amount for cancellation. The other, though not expressly stated, is cancellation without retention of any amount for cancellation. It has been submitted before us that the cancellation with retention of some amount is being considered as a service by the applicant and GST is being discharged in respect of the same. For the reason being so, the applicant has decided not to contest, in the present proceedings, the issue about cancellation with retention of some amount. We therefore move to the issue of cancellation of booking without any consideration for effecting the cancellation. It is a admitted fact that the transaction of booking has taken place in the pre-GST regime. That being so, it would be but obvious an inference that no transaction has taken place in the GST regime. There is no ‘supply’ under the GST Act.
the application for advance ruling is rejected being non-maintainable.Kolte Patil Developers Ltd., In Re…. [2018] 4 TAXLOK.COM 099 (AAR-Maharashtra)
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NEWS
Sep 15, 2025
Due Date - IT
Sep 14, 2025
Due Date - IT
Sep 13, 2025
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Sep 11, 2025
Due Date - GST
Sep 10, 2025
Due Date - GST
Sep 09, 2025
Advisory to file pending returns before expiry of three years
Sep 07, 2025
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Sep 03, 2025
Recommendations of the 56th Meeting of the GST Council held at New Delhi
Sep 03, 2025
Frequently Asked Questions (FAQs) on the decisions of the 56th GST Council held in New Delhi
Aug 31, 2025
Due Date - IT
Aug 30, 2025
Due Date - IT
Aug 28, 2025
Advisory –System Enhancement for Order-Based Refunds
Aug 27, 2025
Due Date - GST
Aug 25, 2025
Due Date - GST
Aug 21, 2025
Advisory on extension of GSTR-3B due date in few districts of Maharashtra State
Aug 20, 2025
Due Date - GST
Aug 15, 2025
Prime Minister Shri Narendra Modi, on the occasion of 79th Independence Day, highlights how Goods and Services Tax (GST) is a significant reform which has benefited the nation
Aug 15, 2025
Due Date - IT
Aug 14, 2025
Due Date - IT
Aug 13, 2025
Due Date - GST
Aug 11, 2025
Advisory on updation of AATO with effect from 1st September 2025
Aug 11, 2025
Due Date - GST
Aug 10, 2025
Due Date - GST
Aug 07, 2025
Due Date - IT
Aug 05, 2025
Enhancement of Interoperable Services between E-Way Bill 1 and E-Way Bill 2 Portals
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ARTICLE
Sep 15, 2025
Analysis of GST Detention & Penalty Cases – Goods in Transit
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Survey under Income Tax- Precautions to be Taken
Sep 02, 2025
Parallel Investigation and Assessment by Central and State authorities
Sep 02, 2025
Proper Service of Notice under GST- Legal Aspect
Aug 20, 2025
Reverse Charge Mechanism under GST: When and How It Applies
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Tax Audit Under Section 44AB: Applicability, Limits, and Due Dates
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Time Limit for Availment of ITC: Retrospective Amendments and Legal Challenges
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Tax Implications of Gifts Received from Relatives and Friends
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E-Invoicing Under GST: Applicability, Process and Common Errors
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TDS on Sale of Property u/s 194-IA: Compliance Guide for Buyers
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Precautions to Be Taken at the Time of Closure of Business
Jul 03, 2025
Provisions Related to Casual Taxable Person and Non Resident Person
Jul 03, 2025
What Disclosures and Precautions to Be Made While Filing Your ITR
Jul 02, 2025
Simplified Overview of Section 74A – New Framework for Tax Demand under GST from FY 2024-25
Jun 17, 2025
Donation to Political Parties-Department View
Jun 17, 2025
New Income tax Return Form-Changes Made for this Assessment Year
Jun 04, 2025
TCS on Remittences Outside India With Recent Changes
Jun 04, 2025
TDS Provisions on Partners of The Firm-A New Provision
May 22, 2025
Condonation In Filing Appeal- Remedy In Case of Delay
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Interest on Delayed Refund Under GST- Recent Court Rulings and Practical Implications
May 16, 2025
Blocking of Electronic Credit Ledger: Legal Challenges and Remedies Available to Tax Payers
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Recent Changes In TDS Provisions- Latest Update
May 02, 2025
Role of Input Service Distributor After Change Inlaw
May 02, 2025
Presumptive Assessment Under Income Tax Act- An Analysis
Apr 24, 2025
Claiming ITC Under Wrong Head- Remedies Available
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