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Weekly reVieW


           The assessee had constructed several individual   CIRCULAR NO. 28/02/2018- GST, DATED
           residential houses for Greater Noida Industrial   8-1-2018
           Development Authority (GNIDA). It also carried   Govt. has  clarified that  the  supply of food
           out internal development work including         or drink provided by a college hostel mess
           roads, drinking water, sewerage system, water   or canteen is taxable at the rate of 5%
           supply system, cattle grid, etc. Further, it had   under GST without input tax credit. It is
           also constructed hostel for the university. The   irrelevant whether the service is provided
           department held that the service provided by    by the educational institution itself or the
           the assessee would fall under the category of   institution outsources the activity to an
           ‘Construction of complex’. The assessee filed   outsider contractor.
           an appeal to the Commissioner (Appeals) and
           Commissioner (Appeals) allowed the appeal
           in favour of assessee. The revenue filed an           CBEC issues updated document on
           appeal in the Tribunal.                               GST fl yers to promote understanding
                                                                 of GST
           The Tribunal held that the construction of
           various infrastructure facilities had been provided
           by the assessee along with construction of      CBEC has issued the updated document on GST
           residential complex. Therefore, such welfare    flyers (51) in a simple and lucid language to
           activities could not be covered under the       promote understanding of GST. These Flyers
           ‘construction of complex services’. Further, a   have been updated as on January 1, 2018.
           hostel could not be considered as a residential
           unit and, hence, could not be covered under           CBEC releases document on updated
           the ‘construction of complex services’.               GST concept and status


                                                           CBEC has released the document on updated
                     Statutory Changes                     GST concept and status as on January 1, 2018.
                                                           In the current set-up the aim is to ensure
                 Supply of food by college hostel          that all challenges or feedback effectively
                 mess is taxable at 5% under GST           reaches the Government and both short-term
                 without ITC; Govt. clarifi es             and long-term solutions are provided.
                                                                                                  lll







                            Income-tax





                          Case Laws                        Vishnu Mohan T Nair v.  ITO [2018] 89
                                                           taxmann.com 62 (Ahd. - Trib.)
                 ‘Ex-grati a’ from employer as sett le-    Assessee received certain amount as
                 ment of dispute was retrenchment          ‘ex-gratia’ as a result of ‘out of court’ settlement
                 compensati on eligible for secti on       of dispute with his employer. His services
                 10(10B) relief                            were terminated after he received the said
                                                           ‘ex gratia’ payment.


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                           January 20 To January 26, 2018 u Taxmann’s Corporate Professionals Today u Vol. 41 u 59
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