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Indirect Tax Weekly Digest | 20 August 2019

20 August 2019

Read more about Foreign Trade Policies, Indirect Tax Legislative and Judicial updates in The Indirect Tax Weekly Digest by BDO in India.

This edition of the weekly digest highlights:

  • AAR, Tamil Nadu - ITC of IGST paid on inter-state movement of crane by a distinct person, is not fully creditable, if the entire consideration as agreed by the distinct persons is not paid - proviso to Rule 37 of CGST Rules, 2017 is not applicable;
  • AAAR, Maharashtra - 'Penal interest' is not interest but it is penalty / penal charges covered within the ambit of entry 5(e) of Schedule II of the CGST Act i.e. “agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act” and hence taxable;
  • CESTAT, Allahabad  - Cleaning services provided under a contract will not be construed as manpower supply.

We hope you find it useful and an interesting read.