Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
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Recovery of water charges by a home owners' association was held to form part of the composite HOA service, not a separate exempt supply of water as goods. The Authority found the association to be a distinct legal person supplying membership organisation services, with water intrinsically linked to maintenance and upkeep of the residential complex, so Entry 99 of Notification No. 2/2017 could not be invoked. It further held that the applicant did not satisfy the pure agent conditions, so water charges had to be included in the value of supply and aggregated with maintenance charges for the exemption threshold. The service was classified under SAC 999598 and taxed at 18% when the threshold was exceeded.
Recovery of water charges by a home owners' association was held to form part of the composite HOA service, not a separate exempt supply of water as goods. The Authority found the association to be a distinct legal person supplying membership organisation services, with water intrinsically linked to maintenance and upkeep of the residential complex, so Entry 99 of Notification No. 2/2017 could not be invoked. It further held that the applicant did not satisfy the pure agent conditions, so water charges had to be included in the value of supply and aggregated with maintenance charges for the exemption threshold. The service was classified under SAC 999598 and taxed at 18% when the threshold was exceeded.
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