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Eight Years of GST Evolution in India: Legal Developments and Future Prospects
Overview: GST’s Transformative JourneyJuly 1, 2017, heralded the introduction of the Goods and Services Tax (GST) in India, signifying a major overhaul in the country’s indirect tax landscape. This si...
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GST Treatment of Ocean Freight on FOB Imports of Crude Oil and LPG
Introduction to GST on Imported FreightIndia’s Goods and Services Tax (GST) framework has far-reaching effects on the taxation of imports, including the treatment of freight in international trade. As...
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Intermediary Services Under GST: Issues and Anticipated Amendments
1. Overview: Role of Intermediaries in Commercei. Intermediaries in Trade FacilitationIntermediaries play a pivotal role in trade transactions, acting as vital linkages that ensure smooth procurement...
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ITC Refunds in the Context of Business Discontinuation
i) Introduction to the IssueThe Goods and Services Tax (GST) system was envisioned as a streamlined, transparent taxation structure, aiming to reduce compliance burdens and foster a business-friendly...
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Reverse Charge Mechanism on Commercial Property Rentals from Unregistered Persons: An In-Depth Analysis of the 2024 GST Amendment
Overview: The Paradigm Shift in GST on Commercial RentalsThe GST Council’s Notification No. 09/2024 – Central Tax (Rate), implemented from October 10, 2024, has significantly altered the taxation land...
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Prohibition of Simultaneous GST Proceedings: Analysis of Delhi High Court Decision
IntroductionThe Delhi High Court recently clarified the legal position on whether both Central and State GST authorities can initiate concurrent proceedings on the same subject matter. This was establ...
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Kerala High Court: Correction Required When GST Department Issues Conflicting Orders
Background and Legal Context(i) Overview of the CaseIn the matter of Winter Wood Designers & Contractors India (P.) Ltd. versus State Tax Officer, the Kerala High Court addressed whether rectification...
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Managing Inadvertent Record Rejections in the Invoice Management System
1. Recovery of Input Tax Credit for Erroneously Rejected Invoice Documents(i) Procedural Framework for ITC RecoveryWhen assessees inadvertently reject valid invoices, debit notes, or ECO-documents thr...
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Hierarchical Framework for Administrative Review of Common Adjudicating Authority Orders under DGGI Proceedings
1. Background and Regulatory FrameworkThe Central Board of Indirect Taxes and Customs (CBIC) has established a comprehensive framework for handling administrative matters concerning orders passed by C...
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Latest GSTN Advisories: Updates on Returns, Refunds, E-Way Bills, and Amnesty Schemes (June 2025)
Overview of Recent GSTN AdvisoriesThe GST Network (GSTN), which manages the online platform for GST compliance, continually issues advisories to enhance portal functionality and streamline taxpayer pr...
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GST and Indian MSMEs: Constitutional Dimensions and Practical Impact
Overview of GST and Its Constitutional Foundationi) GST’s Introduction and Legislative Basis(a) The launch of the Goods and Services Tax (GST) in July 2017, through the 101st Constitutional Amendment,...
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Upholding the Right to Be Heard in GST: The Principle of Audi Alteram Partem
Introduction: The Essence of Audi Alteram Partem in GSTi) Importance of Fair Hearing in Tax ProceedingsThe doctrine of audi alteram partem dictates that no individual should face adverse action withou...
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Legal Framework for Initiating Appeals Before the GST Appellate Tribunal (GSTAT)
1. OverviewWith the operationalization of the Goods and Services Tax Appellate Tribunal (GSTAT) pursuant to the Central Goods and Services Tax Act, 2017, and in light of the Goods and Services Tax App...
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Doctrine of Mens Rea in GST Evasion: A Comprehensive Legal and Judicial Review
OverviewThe Goods and Services Tax (GST) regime has fundamentally transformed India’s indirect tax landscape, introducing stringent criminal penalties to deter tax evasion. This article conducts a cri...
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GST Implications on Joint Development Agreements (JDAs)
Overview of JDAs and GST ApplicabilityJoint Development Agreements (JDAs) represent collaborative projects between landowners and developers, where the landowner provides land and the developer undert...
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Formation and Functioning of the Goods and Services Tax Appellate Tribunal (GSTAT) and Its Benches
OverviewThe Goods and Services Tax Appellate Tribunal (GSTAT) stands as the statutory appellate forum under the Central Goods and Services Tax Act, 2017 (CGST Act). Serving as the ultimate authority f...
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Global Indirect Tax Developments: Recent UK-US Trade Agreement and EU VAT E-Commerce Reforms
UK-US Trade Agreement: Tariff Reductions and Status of Digital Services Taxi) New Bilateral Trade FrameworkOn May 8, 2025, the United Kingdom and the United States entered into a fresh trade arrangeme...
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GST Confiscation Cannot Be Invoked Solely for Excess Stock: Insights from Allahabad High Court in Raj Steel Case
Background and Case Facts(i) Overview of the Incident(a) During a routine inspection, authorities discovered that Raj Steel was holding more stock than declared.(b) Based on this finding, the departme...
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ITC Not Subject to Reversal for Supplier’s Tax Defaults: Insights from Allahabad High Court
(i) Judicial Context and Principle EstablishedThe Allahabad High Court, in the matter of R.T. Infotech v. Additional Commissioner Grade 2 & Others, clarified that a recipient’s Input Tax Credit (ITC)...
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Detention and Seizure of Goods in Transit under Section 129 of the CGST Act: Procedures, Penalties, and Legal Recourse
Overview of Section 129 of the CGST Act, 2017Section 129 of the Central Goods and Services Tax (CGST) Act, 2017 stands as a stringent anti-evasion provision, authorizing the detention, seizure, and co...