Page 13 - GSTL_26th March 2020_Vol 34_Part 4

2020 ] INDEX - 26th March, 2020 xi
Hospital supply of instruments by one taxable person while reagents,
calibrators and disposables supplied his distributor, it is not a composite
supply - See under COMPOSITE SUPPLY .................... 579
Input Tax Credit - Rent-a-Cab services - Hiring of buses for transportation of
employees - Eligibility of credit - Undoubtedly appellant is fulfilling all
conditions enumerated in Section 16 of Central Goods and Services Tax
Act, 2017/Haryana Goods and Services Tax Act, 2017 - As regards
restrictions on availing ITC in terms of Section 17(5) ibid, credit was not
available under this provision to aforesaid services without any
concession up to 30-8-2018 - However, after amendment in aforesaid Acts
from this date, restriction on ITC was removed for motor vehicles having
approved seating capacity of more than thirteen persons when they are
used for making taxable supplies of transportation of passengers - In
view of above, appellant is eligible to ITC of GST paid on hiring of buses
with approved seating capacity of more than thirteen persons only from
aforesaid date - Section 17(5) of Central Goods and Services Tax Act,
2017/Haryana Goods and Services Tax Act, 2017 — In Re : YKK India Pvt. Ltd.
(App. A.A.R. - GST - Haryana) .............................. 670
— Rent-a-Cab services - Hiring of cars for transportation of employees -
Eligibility of credit - Since cars hired for purpose of transportation of
employees are having seating capacity of less than 13 passengers,
restrictions on ITC in terms of Section 17(5) of Central Goods and
Services Tax Act, 2017/Haryana Goods and Services Tax Act, 2017 is
applicable even after amendment in aforesaid provision - ITC not
admissible on aforesaid services - Section 17(5) of Central Goods and
Services Tax Act, 2017/Haryana Goods and Services Tax Act, 2017 — In
Re : YKK India Pvt. Ltd. (App. A.A.R. - GST - Haryana) ................... 670
— sufficiently available in records, interest not leviable on belated payment
of tax - See under INTEREST ........................... 588
INSOLVENCY AND BANKRUPTCY CODE, 2016 :
— putting moratorium on pending suits, proceedings under GST Act,
whether covered - See under MORATORIUM .................. 585
— Section 14(1)(a) - See under MORATORIUM ................... 585
Instrument supplied to hospital by one taxable person while reagents,
calibrators and disposables supplied his distributor, it is not a composite
supply - See under COMPOSITE SUPPLY .................... 579
Interest on belated payment of tax - Belated filing of returns under GST -
Assessee having sufficient Input Tax Credit (ITC) available with
Department hence interest, if at all, could be demanded, only on the cash
component of tax remitted belatedly - Demand notice set aside - Section
50 of Central Goods and Services Tax Act, 2017 — Refex Industries Limited v.
Asstt. Commr. of CGST & C. Ex., Chennai (Mad.) ...................... 588
Interpretation of statutes - Proviso to Section 50(1) of Central Goods and
Services Tax Act, 2017, as per which interest shall be levied only on that
part of tax which is paid in cash, inserted with effect from 1-8-2019, it
clearly seeks to correct anomaly in provision as existed prior to such
insertion - Same ought to be read as clarificatory and operative
retrospectively - Section 50 of Central Goods and Services Tax Act, 2017
— Refex Industries Limited v. Asstt. Commr. of CGST & C. Ex., Chennai (Mad.) ........ 588
Investigations being conducted against assessee, Advance Ruling
application not admissible - See under ADVANCE RULING .......... 606

GST LAW TIMES  26th March 2020  109