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Requirement of Mandatory Personal Hearing Prior to GST Order: Analysis of Delhi High Court Ruling
Background and Judicial Context(i) Case OverviewIn the recent decision by the Hon’ble Delhi High Court in Exide Industries Ltd. v. Assistant Commissioner, CGST [Writ Petition (Civil) 4822 of 2025, dat...
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Judicial Scrutiny of the 'Power to Arrest' under CGST and Customs Law in India
Overview of Arrest Powers under CGST and Customs Legislation(i) Statutory Framework for Arrest under Tax Laws(a) Section 69 of the Central Goods and Services Tax (CGST) Act, 2017 authorizes the Commis...
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Input Tax Credit Entitlement Amidst Supplier Default: Divergent Rulings of the Allahabad High Court
Overview: The GST Credit ConundrumThe Indian Goods and Services Tax (GST) regime is premised on the seamless movement of Input Tax Credit (ITC) to eliminate the cascading effect of taxation. However,...
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Recovery Proceedings under Section 62 CGST Act Nullified if Returns Filed Post Assessment Order: Patna High Court Decision
(i) Overview of the JudgmentIn the matter of M/s Great Eastern Hire Purchase Pvt. Ltd. v. State of Bihar [CWJC No. 18049 of 2024], the Patna High Court quashed a GST recovery order. The Court held tha...
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Application for Termination of Proceedings under Section 128A of CGST Act: Suggested Draft
1. Introduction(i) Purpose of ApplicationThis document serves as a model application for seeking discontinuation of proceedings initiated through Form SPL-03 under Section 128A of the Central Goods an...
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Major Updates in GST Returns: GSTR-1 and GSTR-3B
Overview of Key Modifications in GST Return FilingStarting from July 2025, substantial revisions will be introduced in the process of GST return filings, directly affecting both GSTR-1 and GSTR-3B for...
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GST Communications: DIN Exemption for Portal-Based Documents with RFN
Introduction to DIN and RFN in GST Communicationi. Overview of Document Identification Number (DIN) Requirement(a) The Central Board of Indirect Taxes and Customs (CBIC) had earlier mandated that all...
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Evolution of GST Taxability on Commodities: From Branding to Packaging
OverviewThe manner in which commodities such as cereals, flour, pulses, and dairy items are taxed under the Goods and Services Tax (GST) regime in India has undergone a significant transformation sinc...
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Significant Judicial Decisions on GST Recovery: An In-Depth Review
IntroductionThe implementation of the Goods and Services Tax (GST) in India has prompted close judicial examination regarding the recovery powers exercised by tax authorities. Through several notable...
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Comprehensive Guide to Input Service Distributor (ISD) Compliance Under GST: Practical FAQs
Introduction: Navigating the New Mandatory ISD ComplianceEffective from April 1, 2025, compliance with Input Service Distributor (ISD) provisions has transitioned from optional to compulsory under the...
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GST Implications on Renting of Residential and Commercial Properties in India
Overview of GST on Property LeasingUnder the Central Goods and Services Tax Act, 2017 (CGST Act), the levy of GST is triggered on the supply of goods or services as defined in Section 7, except where...
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E-Way Bill Mechanism under GST: Legal Provisions, Compliance, Challenges, Penalties, and Judicial Interpretations
1. Framework of E-Way Bill Regulations(i) Statutory BasisThe E-Way Bill system, introduced as part of the Goods and Services Tax (GST) in India, is primarily mandated by Section 68 of the Central Good...
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GST Obligations for Freelancers in India: Frequent Errors and Preventive Measures
IntroductionWith the rapid expansion of the digital economy, a substantial portion of India’s workforce now operates as freelancers in fields such as technology consulting, content development, digita...
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Comprehensive Overview of Section 41 of the CGST Act and Rule 37A of the CGST Rules: Input Tax Credit Reversal Mechanism
1. Introduction to ITC Eligibility When Supplier DefaultsThe persistent issue around whether a recipient can claim Input Tax Credit (ITC) if the supplier has not remitted the tax to the government has...
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Mandatory Presence of Two Independent Witnesses in GST Searches: Legal Insights and Compliance Imperatives
Introduction: Importance of Witnesses and Procedural Integrity in GST SearchesThe Patna High Court's ruling in Sri Sai Food Grain & Iron Stors v. State of Bihar (Civil Writ Jurisdiction Case No. 13674...
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Holistic GST and Income Tax Planning in India: A Chartered Accountant’s Perspective
1. Introduction: Tax Efficiency vs. Tax Burden – The Intelligent ApproachIn India’s evolving financial environment, tax is not merely about compliance but about integrating efficient planning into bus...
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Allahabad High Court: Purchaser Not Liable for Supplier’s GST Non-Compliance
Case Overviewi) IntroductionThe Allahabad High Court, in the matter of R.T. Infotech v. Additional Commissioner Grade 2, addressed the question of whether an assessee (buyer) can be denied Input Tax C...
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Guwahati High Court Invalidates GST Notification No. 56/2023: Extensions Found Beyond Authority
Introduction and SignificanceThe Guwahati High Court, in the case of Mahabir Tiwari v. Union of India (2025) TaxCorp(GST) 53803 (HC-GAUHATI), has set aside Notification No. 56/2023-Central Tax dated 2...
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Obligation to Issue Form GST MOV-09 Even After Penalty Payment: Allahabad High Court Interpretation
IntroductionThe Allahabad High Court has recently emphasized that the issuance of Form GST MOV-09 by the GST authorities is compulsory, even if the assessee has already paid the penalty to secure the...
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Gujarat AAR Bars Input Tax Credit on Pre-Engineered Buildings and Crane Support Structures
Overview of the Gujarat AAR DecisionThe Gujarat Authority for Advance Ruling (AAR) delivered a pivotal judgment on April 30, 2025, in the case involving M/s. HMSU Rollers (India) Pvt. Ltd., denying In...