TaxTMI 
TaxTMI 
2021 (10) TMI 625
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....N No. 36AERPV2388F2ZS) has filed an application in FORM GST ARA-01 under Section 97(1) of TGST Act, 2017 read with Rule 104 of CGST/TGST Rules. 2. At the outset, it is made clear that the provisions of both the CGST Act and the TGST Act are the same except for certain provisions. Therefore, unless a mention is specifically made to any dissimilar provisions, a reference to the CGST Act would also mean a reference to the same provision under the TGST Act. Further, for the purposes of this Advance Ruling, the expression 'GST Act' would be a common reference to both CGST Act and TGST Act. 3. It is observed that the queries raised by the applicant fall within the ambit of Section 97 of the GST ACT. The Applicant enclosed copies of challans as ....
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....ion is already pending or decided in any proceedings in the case of the applicant and inform any issue pending before with them within a week lest it would be construed that these issues are not pending before them and the application would be processed under any of the provisions of the GST Act, 2017 and also requested to offer his/he comments on the points raised in the application, However case was admitted even though Officer have not replied by the grounds of the draft letter, Therefore, Personnel hearing given to the applicant. 6. Personal Hearing: The Authorized representatives of the unit namely M/s. Bhagya Lakshmi Devamma, K. Chandrasekhar Reddy, Advocate and V. Kesava Reddy, Manager of the applicant attended the personal hearing....
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....der and hence not assessable to tax. Reliance was placed on decision of Delhi High Court in the case of M/s. Intercontinental Consultants (2012) 12 TMI 150 and other Tribunal Judgments relating to service tax valuation rules. 2. That value of supply to be arrived under Section 15 (1) of the CGST Act 2017 is transaction value which should be paid by the recipient. This is further qualified by two conditions: i. Suppler and the recipient of the supply are not related; and ii. The price is the sole consideration of supply. That both the above conditions are met by the applicant. 3. That after deducting salaries, wages, EPF, ESI etc., the net amount received by the applicant is taxable. In this connection it is observed that the case....