"I am a passionate and dedicated Chartered Accountant with a proven track record in direct and indirect taxation. My career journey reflects a commitment to excellence, having conquered all levels of the CA examination on the first attempt. Beyond my CA credentials, I have successfully completed an Advanced General Management Program at SIBM-Bengaluru, further enhancing my managerial and strategic acumen. I am also registered as a GST practitioner on the GST portal."
Explains how suppliers may face denial of output tax reduction when recipients cannot reverse ITC after deregistration. Highlights the risk of double tax benefit and need for safeguards.
This guide clarifies the legal and constitutional differences between tax, duty, cess, surcharge, and fee. Understanding these distinctions is crucial for statutory interpretation and fiscal federalism.
The Tribunal held that mere return mismatch cannot trigger Section 74 without proof of fraud or suppression. Penal proceedings require clear evidence of intent to evade tax.
The legal status depends on the time period involved. Past liabilities survive cancellation, while post-cancellation transactions are treated as those of an unregistered person.
GST law does not prohibit commercial dealings with cancelled GSTIN holders. The key issue is correct tax treatment, not the existence of the transaction itself.
The article explains why GST liability cannot be shifted to payment aggregators unless expressly provided by law. Courts have held that intermediaries are not liable without proof of statutory obligation or intent.
When no TCS is collected and NIL filing is not mandatory, late fee under GST cannot be levied. Departmental delay in cancellation does not create fresh liability.
Alcohol is constitutionally excluded from GST, while petrol is only temporarily kept out, making their legal treatment fundamentally different.
Rule 87(14) now permits moving unutilised IGST cash from one GSTIN to another under the same PAN via PMT-09, easing blocked cash issues while preserving GSTIN independence.
The CGST Act clearly covers territorial waters but is silent on EEZ. This raises a serious question on whether mapping EEZ to coastal States is legally sustainable.
