Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Mobilisation advances under a works contract are treated as consideration for supply, and works contracts are treated as services; accordingly the advance is a payment for the supply. Time of supply for such services follows the provisions applicable to services, permitting an invoice for an advance to be issued before provision of service. Absent issuance of an invoice within the prescribed period, the liability to pay GST arises on the date of receipt of the advance. If an invoice for the advance is issued within the period prescribed under the invoicing provision, tax liability is the earlier of invoice date or receipt date.
Mobilisation advances under a works contract are treated as consideration for supply, and works contracts are treated as services; accordingly the advance is a payment for the supply. Time of supply for such services follows the provisions applicable to services, permitting an invoice for an advance to be issued before provision of service. Absent issuance of an invoice within the prescribed period, the liability to pay GST arises on the date of receipt of the advance. If an invoice for the advance is issued within the period prescribed under the invoicing provision, tax liability is the earlier of invoice date or receipt date.
Note: It is a system-generated summary and is for quick reference only.
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