Online bond platforms may offer overseas-regulated products and tax-specific bonds subject to disclosures, compliance safeguards and revised complianc...
Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
The AAR held that commission earned by an auctioneer for conducting cardamom auctions is liable to GST at applicable rates. The applicant provided comprehensive services including storage, grading, pooling cardamom from different origins, and converting them into auction lots, beyond merely facilitating sales. The Authority rejected the argument that "auctioneer" and "commission agent" are interchangeable terms under exemption Entry 54(g) of Notification 12/2017, emphasizing strict interpretation of exemption notifications. The services were classified under SAC codes 996111/996211 relating to wholesale/retail trade commission services under Entry 5 of Notification 11/2017, which supersedes the general exemption. The specific entry for auction commission services prevails over general exemption provisions for agricultural produce commission agents.
The AAR held that commission earned by an auctioneer for conducting cardamom auctions is liable to GST at applicable rates. The applicant provided comprehensive services including storage, grading, pooling cardamom from different origins, and converting them into auction lots, beyond merely facilitating sales. The Authority rejected the argument that "auctioneer" and "commission agent" are interchangeable terms under exemption Entry 54(g) of Notification 12/2017, emphasizing strict interpretation of exemption notifications. The services were classified under SAC codes 996111/996211 relating to wholesale/retail trade commission services under Entry 5 of Notification 11/2017, which supersedes the general exemption. The specific entry for auction commission services prevails over general exemption provisions for agricultural produce commission agents.
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