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Ca Omprakash Agarwalla, Guwahati

Latest Posts by Ca Omprakash Agarwalla, Guwahati

28th or 30th November? Last Date to Issue a GST SCN for FY 2020-21

May 7, 2026 9294 Views 0 comment Print

The Delhi High Court ruled that Show Cause Notices issued on 30 November 2024 for FY 2020–21 were within limitation under Section 73(2) of the CGST Act. The Court treated December, January, and February as the relevant three calendar months before the final order date.

Interplay of Sections 73, 74 & 75 of CGST Act – Limitation, Appellate Powers & Illusion of Revival

January 15, 2026 2088 Views 0 comment Print

The article explains that once fraud-based proceedings fail, demands cannot be revived under Section 73 if limitation has expired. Statutory time limits remain mandatory and jurisdictional.

Central Goods & Services Tax Rules, 2017 up to Date till 01.01.2026

January 6, 2026 7287 Views 0 comment Print

Central Goods & Services Tax Act, 2017 was made effective w.e.f. 01/07/2017 and thereafter thousands of notifications and circulars have been issued. Still almost every month we are witnessing new notifications, circulars, orders, clarifications etc. It is very hard for a common person to keep track of all these. An attempt has been made in […]

Central Goods & Services Tax Act, 2017 up to Date till 01.01.2026

January 6, 2026 12837 Views 0 comment Print

Central Goods & Services Tax Act, 2017  was made  effective w.e.f. 01/07/2017 and thereafter thousands of notifications and circulars have been issued. Still almost every month we are witnessing new notifications, circulars, orders, clarifications etc. It is very hard for a common person to keep track of all these. An attempt has been made in […]

Legality of Initiation and Adjudication of Penalty Proceedings under Section 122 of CGST Act, 2017 – A Critical Examination

January 5, 2026 2901 Views 0 comment Print

The issue was whether penalties under Section 122 can be initiated independently. Courts have allowed departmental action when linked to substantive proceedings, but the statutory basis remains debated.

No GST Payable On Mobilisation Advances Received In Pre-GST Period By A Works Contractor– Really Correct?

March 18, 2020 8424 Views 3 comments Print

Recently, the Advance Ruling Authority (AAR) of Tamilnadu in case of Shapoorji Pallonji & Company (P.) Ltd has pronounced a ruling vide its order no. 03/ARA/2020 Dated 31.01.2020 on the issue relating to applicability of GST on the mobilisation advance received during the pre GST  period against the works contracts.

Draft Reply to Advisory Received for Reversal / Recovery of ITC due to Time Limit U/s. 16(4)

March 6, 2020 111099 Views 11 comments Print

That we are in receipt of the advisory for inadmissibility of Input tax credit availed to the tune of Rs. ………….. We understand that the said advisory is inter-alia founded on the strength of a condition / restriction laid under sub section 4 of Section 16 of the CGST Act, 2017 that any registered person shall not be entitled to take any credit in respect of any invoice or a debit note, if the said registered person has filed the GSTR 3B return in respect of the tax periods July 2017 to March 2018 after 30.04.2019 and/ or the tax periods April 2018 to March 2019 after 20.10.2019 respectively.

Draft Reply to Section 50(1) GST Notice for Payment of Interest

March 4, 2020 88014 Views 14 comments Print

We have received the aforesaid notice/advisory in which we have been directed to deposit the interest for late payment of Taxes (GST). In this regard we would like to submit as follows:- That the aforesaid notice does not indicate the section or provision under which the same has been issued. It appears that the aforesaid notice has not been issued as per the provisions of law.

Construction Equipment Vehicles- Whether eligible for Input Tax Credit under pre-amended GST Laws

March 2, 2019 73536 Views 11 comments Print

This article is confined to the blockade of input tax credit in respect of Motor vehicles and other conveyances. Whether the term “Motor Vehicle” under SGST Laws includes mining equipments such as tippers, dumpers etc. in its ambit?

Analysis of provisions of interest on late payment of GST

February 19, 2019 70287 Views 5 comments Print

After 31st meeting of the GST Council, it has been published on 22nd December, 2018 that the council has principally approved to amend section 50 of the CGST Act to provide that interest should be charged only on the net tax liability of the taxpayer, after taking into account the admissible input tax credit, i.e. interest would be […]

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