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Prabhat Kumar

Latest Posts by Prabhat Kumar

Cash, Bullion, Jewellery Are Not Goods So Not Liable for Confiscation/Seizure Under GST

October 21, 2023 1443 Views 0 comment Print

Learn about limitations of GST officials in seizing cash, jewelry, and bullion under tax law, with a focus on legal interpretations & recent court rulings.

Amendment can be done of Bill of Entry/ Bill of Shipping/ Bill of Exports: Post clearance of goods for domestic consumption or export

July 13, 2021 41853 Views 1 comment Print

Amendment can be done of Bill of Entry/ Bill of Shipping/ Bill of Exports: Post clearance of goods for domestic consumption or export Legal provisions are meant to help the business and not otherwise. The provisions are not legislated to deny the legitimate benefit rather they should be interpreted in a way to help the […]

Blocking of ITC Under Rule 86A of CGST Rules: Power of Authority are Neither Unfettered Nor Unbridled

April 27, 2021 3474 Views 4 comments Print

Blocking of ITC Under Rule 86A of CGST Rules: Power of Authority Are Neither Unfettered Nor Unbridled In order to run the society smoothly the business is required to run seamlessly. Any adventurism in the sphere of business is bizarre and the same without discipline is not advisable. In all fiscal statutes, a delicate balance […]

Blocking of ITC under GST: Safeguard

February 2, 2021 6933 Views 0 comment Print

Rule 86A has been inserted in CGST Rules, 2017 through a notification dated 26-12-2019. Without doing the academic exercise that whether a rule through notification is sustainable without amendment made in the main statute, this paper is a humble attempt to examine the scope of the aforesaid rules for the purpose of blocking of the input tax credit availed bonafidely and legitimately .

Arrest Under GST: Caution Needs To Be Applied

December 10, 2020 25479 Views 1 comment Print

‘Rule of law’ is the soul of a democratic setup and no one is allowed to breach or even shake the golden thread of the same. Supremacy of rule of law cannot be questioned by anybody and the same cannot be threatened even by the state. Personal liberty is largely associated with the concept of […]

Best judgment assessment U/s. 62 not a substitute for recovery of GST

November 29, 2020 17967 Views 4 comments Print

Section 62 of the Act is resorted only in the cases where return is not filed and assessment cannot be done without relying upon prudence of the assessing officer. Once the facts and figures of the liability is before the assessing officer then any assessment based upon his prudence will not only belie the express statutory provisions but also frustrate the entire aim and objective of the Act.

Taxability of Online Games under Goods and Service Tax

August 18, 2020 15153 Views 7 comments Print

With the advent of GST the tax regime in India has seen a sea change. Many taxes levied by the centre or by the states have been subsumed in the GST. The indirect taxation in its new ‘AVTAR’ has covered almost all economic activities under its umbrella unless the same is specifically excluded from the […]

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