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Critical GST Updates Effective January 16th, 2025
Significant GST Updates Effective from January and April 2025An important series of notifications were rolled out by the GST department, effective from 16th January 2025, with additional changes takin...
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Recent GST Changes for Restaurant Services
Overview of GST Rates on Restaurant ServicesThe GST framework for restaurant services is detailed in Notification No. 17/2017-Central Tax (Rate). Recently, the Central Government has revised the defin...
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Union Budget 2025: Anticipation and Suggestions Pertaining to Taxation, GST, and Customs
1. Economic Context and Policy TrajectoryAs India approaches the announcement of its Union Budget on February 1, 2025, key economic indicators highlight pressing challenges: a 1.3% decline in GDP grow...
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Eligibility and Correction of ITC Under Sections 16(5) and 16(6) of the CGST Act: An Overview
Introduction to Recent Amendments in ITC ProvisionsSections 16(5) and 16(6) of the CGST Act, 2017, introduced by Finance (No.2)Act, 2024, bring significant changes in determining the eligibility for I...
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Provisional Attachment of Property under Section 83 of the CGST Act
IntroductionThe framework of the Central Goods and Services Tax (CGST) Act mandates that every assessee must calculate and pay taxes on goods and services provided, according to the relevant legal pro...
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Comprehensive Guide to Access GST Amnesty from Section 16(4) Requirements
1. Introduction to GST Amnesty Provisions The GST Act offers specific relief in two main situations related to Section 16(4): late claims of Input Tax Credit (ITC) for the financial years 2017–2021, f...
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Compulsory Inclusion of HSN Code in GSTR-1/1A Effective January 2025
OverviewIn accordance with Notification No. 78/2020-Central Tax, effective from January 2025, all assessees are required to report Harmonized System of Nomenclature (HSN) codes in Table 12 of GSTR-1/1...
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A Comprehensive Guide to GST Electronic Credit Reversal & Reclaimed Statements
IntroductionThe Electronic Credit Reversal and Reclaimed Statement is designed to report those transactions appearing in GSTR-2B but absent in the financial books of accounts. These transactions are d...
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Issuance of Orders Without Hearings Contradicts Natural Justice: Allahabad High Court
IntroductionThe Allahabad High Court, in its ruling for Chandani Tent Traders v. State of U.P. [WRIT TAX NO. 1084/2024 dated July 23, 2024], emphasized that issuing an order without granting a hearing...
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Gujarat High Court Ruling on GST for Leasehold Rights
1 OverviewThe Gujarat High Court recently delivered a significant judgment concerning the applicability of GST on leasehold rights. The court determined that the transfer of such rights is not liable...
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Revised GST Filing Schedule for December 2024 and Q4 2024
1. IntroductionThe Central Board of Indirect Taxes and Customs (CBIC) has introduced important amendments to the deadlines applicable for the submission of Goods and Services Tax (GST) returns. These...
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Judgment Validating Late Fee Waiver for GSTR-9 Returns Filed Pre-Notification: Himachal Pradesh High Court
Pharma vs. Union of India & Others (Himachal Pradesh High Court); CWP No. 4899 of 2024; Date: 21/12/2024Case Details:(i) Background Information:Pharma, involved in the production and sale of pharmaceu...
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Understanding ITC Allocation Errors in GST
1. IntroductionThe Introduction of the Goods and Services Tax (GST) was meant to ease the taxation burden by facilitating Input Tax Credit (ITC). However, navigating ITC can often lead to complexities...
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Section 128A of the CGST Act: Relief from Interest and Penalty
Overview of Section 128ASection 128A of the Central Goods and Services Tax (CGST) Act, 2017, which was inserted through the Finance Act No. 2 of 2024, provides relief in terms of interest, penalties,...
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Issuance of GST Demand Order Prior to Response Period Expiry Breaches Natural Justice
Issuance of Demand Order Pre-Response Period: A Breach of Natural Justice(i) In the Andhra Pradesh High Court case of Avexa Corporation Pvt. Ltd. v. State of Andhra Pradesh [W.P. 10094/2024, August 19...
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Excluding Composition Dealers from Reverse Charge Duty on Leasing of Commercial Premises
1. IntroductionThe GST Council, in its 55th assembly on December 21, 2024, provided a pivotal clarification concerning the Reverse Charge Mechanism (RCM) applied to those registered under the composit...
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Negative Balances in ECL: Varying High Court Decisions
1. Overview of the Issue of Negative Balances in ECL and Divergent High Court RulingsThe introduction of Rule 86A into the CGST Rules, 2017, introduced by notification no. 75/2019-Central Tax dated De...
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Significant Developments in the 55th GST Council Meeting
The GST Council's 55th meeting convened on December 21, 2024, introduced substantial recommendations affecting the tax landscape for goods, services, and compliance protocols. Notable revisions includ...
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Gujarat HC's Significant Ruling on GST Application to Leasehold Rights Assignment
1. Background and ContextGujarat Chamber of Commerce and Industry & Others vs. Union of India & Others; Gujarat High Court; R/Special Civil Application No. 11345 of 2023; January 3, 2025. (2025) TaxCo...
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GIDC Leasehold Rights and GST: An Analysis of Judicial Missteps
As humor has the power to provide relief in complex situations, it becomes problematic when arising from incorrect contexts, much like outdated medication failing to cure. A case that recently caught...