GST Rule 86B cannot independently justify cash recovery where tax is fully paid through valid ITC. Court held the rule is procedural, not charging.
The article argues that denying ITC while levying full GST on commercial building rentals creates tax cascading. It suggests a 5% GST rate without ITC to ensure consistency with the GST framework.
The article explains that GST penalties generally require existence of tax liability, contravention, or deliberate intent to evade tax. Mere technical or clerical lapses without mens rea cannot automatically trigger penal action under the GST Act.
The constitutional safeguard under Article 20 prevents authorities from imposing harsher punishments than those prescribed when the offence occurred. Judicial precedents reaffirmed that penal laws operate prospectively in criminal matters.
Analysis of GST rules on refund of accumulated ITC due to inverted duty structure after tax rate reductions, clarifying anti-profiteering under Section 171.
Understand the legal provisions and time limits for GST show cause notices under Sections 73 and 74. Learn when these notices are valid and how to protect yourself from unsubstantiated tax demands.
Clarifies GST liability on oil tanker lease charges, emphasizing exemption for owners under Notification 12/2017.
Understand the tax impact of post-sale discounts under GST, including Section 15(3) provisions, credit notes, and relevant case laws on taxable turnover.
