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Transfer of airport operations by AAI to Adani exempt, however, salary cost reimbursement is taxable at 18% - Rajasthan AAR in re Airports Authority of India, Civil Airport Road, Jaipur [RULING NO. RAJ/AAR/2022-23/25, Dated 20-Mar-2023]
Summary of the ruling:
1. The transfer of business from the Airport Authority of India to Adani Jaipur International Airport Limited is considered a supply under Section 7 of the CGST Act, 2017.
2. This transfer is not covered in clause 4 of schedule II of the CGST Act, which means GST is not leviable
3. The transfer is covered under Entry No. 2 of exemption Notification 12/2017-CT(R), which means GST is not leviable.
4. Ruling on whether GST is leviable on the transfer of assets is not required, based on the ruling in point 3.
Constitutionality of Taxing Intermediary Services Under GST: Bombay High Court Upholds Validity Of Section 13(8)(b) Of IGST Act
The Bombay High Court has upheld the constitutionality of taxing intermediary services under the IGST Act.
"The provisions of Section 13(8)(b) and Section 8(2) of the IGST Act are legal, valid, and constitutional, provided that the provisions of Section 13(8)(b) and Section 8(2) are confined in their operation to the provisions of the IGST Aact only,
CAG’s report points out lapses in GST, Stamp Duty and Registration Fee
The Compliance Audit (Revenue) report of the Comptroller and Auditor General (CAG) for the year that ended on March 31, 2021 has pointed out lapses in aspects relating to Goods and Services Tax and Stamp Duty and Registration Fee.
A test check of the records relating to Goods and Services Tax, Stamp Duty and Registration Fee, and land revenue during the year 2020-21 revealed under-assessments, short levy, loss of revenue and other observations amounting to Rs. 675.87 crore in 1,079 cases, it said.
GST evasion detection nearly doubles to Rs 1.01 trillion in FY23
GST evasion detection by tax officers almost doubled year-on-year to over Rs 1.01 trillion in the just concluded 2022-23 fiscal, an official said. During the last fiscal, a recovery of Rs 21,000 crore was made by the officers of the Directorate General of GST Intelligence (DGGI).
The official said the government is taking steps to increase compliance and using data analytics and human intelligence to identify fraud. "DGGI officers have detected evasion to the tune of Rs 101,300 crore in 2022-23.