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Nitesh Jain

Latest Posts by Nitesh Jain

Compendium on Operation, Procedure and Legal Architecture of GSTAT

February 9, 2026 2394 Views 0 comment Print

The compendium explains the legal structure, jurisdiction, and appeal process of GSTAT as it becomes operational from 2026. It also highlights procedural burdens that may affect effective access to justice.

GST Implications on Personal and Corporate Guarantees

November 25, 2025 4785 Views 0 comment Print

Guarantees—personal, corporate, and bank—play a crucial role in financial transactions, but under GST they attract different tax treatments. A guarantee involves a surety assuring a creditor of fulfilling obligations if the principal debtor defaults. Personal guarantees, usually provided by directors or individuals, fall under Schedule I as related-party supplies without consideration; however, due to RBI’s […]

GST on High Sea Sales: Implications & Clarifications

July 24, 2025 13191 Views 0 comment Print

Understand GST implications for High Sea Sales in India. Learn about taxability, valuation, and input tax credit, clarifying previous ambiguities.

Understanding Section 41 of CGST Act and Rule 37A of CGST Rules

June 16, 2025 5535 Views 2 comments Print

Explore Section 41 of CGST Act and Rule 37A of CGST Rules concerning ITC eligibility when suppliers haven’t paid tax. Understand key changes and implications for taxpayers.

GST Amnesty Scheme for Section 73 cases

February 27, 2025 58497 Views 4 comments Print

Learn about the GST Amnesty Scheme under Section 128A for Section 73 cases, offering waiver of interest and penalties for disputes from July 2017 to March 2020.

Supreme Court’s verdict on Classification: A Legal Dilemma for Auto Industry

March 8, 2024 12879 Views 2 comments Print

Explore the legal complexities post Supreme Courts Westinghouse judgement on goods classification in the Auto Industry. Analysis, implications, and CBIC instructions revealed.

Persons Liable to pay tax in certain cases under GST

August 6, 2023 9654 Views 0 comment Print

Learn about GST liability cases under Forward and Reverse Charge Mechanism. Analysis of legal provisions for payment of taxes in specific situations.

Analysis of Circular on Pre-Import Condition in light of Cosmos Films Supreme Court decision

June 24, 2023 6789 Views 0 comment Print

Explore the implications of the Supreme Court’s judgment in the Cosmos Films case on the pre-import condition and its impact on exporters benefiting from the Advance Authorization scheme. The article analyzes Circular No.16/2023-Cus issued by the CBIC, aiming to provide clarity on recrediting/refunding taxes due to the judgment. Delve into the background of the Foreign Trade Policy amendments, the Gujarat High Court’s intervention, and the subsequent Supreme Court ruling.

Amnesty Scheme for one-time settlement of default in export obligation by Advance & EPCG authorization holder

May 12, 2023 21252 Views 1 comment Print

Explore the new Amnesty Scheme under the Foreign Trade Policy 2023, allowing a one-time settlement for default in export obligations by Advance and EPCG authorization holders. Learn about the covered schemes, key highlights, eligibility, benefits, and the procedure for availing this significant relief provided by the Ministry of Commerce and Industry. Act now to address defaults and ensure compliance with the latest regulations.

Supreme Court Judgement in case of Ecom Gill on ITC & Implications under GST

March 24, 2023 71130 Views 4 comments Print

Explore the Supreme Courts landmark judgment in the Ecom Gill case on Input Tax Credit (ITC) under GST. Uncover implications, legal analysis, and conditions for availing ITC. Stay informed about the burden of proof, the Karnataka VAT Act, and the comparison with GST laws.

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