While a combined interpretation of Sub-section (1) and Sub-section (4) of Section 107 of the CGST Act, 2017 establishes a four-month time limit for filing an appeal against a decision or order, it’s important to recognize that the provisions of Section 107 are not absolute.
Explore the concept of “control” under the GST Act, 2017, and understand its implications on related persons’ transactions, commercial impacts, and legal interpretations.
Understanding the writ jurisdiction of High Courts and the doctrine of alternate remedy. Key case laws and analysis discussed regarding the availability of writ petitions.
Statute law is the will of the Legislature; and the object of all judicial interpretation of it is to determine what intention is conveyed, either expressly or by implication, by the language used, so far as it is necessary for determining whether the particular case or state of facts presented to the interpreter falls within it.
ow does an Adjudicating Authority perform his quasi-judicial functions? Rather the question should be How should an Adjudicating Authority perform his quasi-judicial functions? First he has to read the entire statute; then interprets the various provisions of the statute; records the findings of facts; then applies legal rules to them correctly and gives his decisions.
GST on ocean freight and scope of delegated legislation (This article focuses only a limited aspect; “Delegated legislation can be held to be invalid when it is inconsistent with the parent Act.”) “No, Executives. You can’t overstep”. Perhaps, this is the single most essence of the judgement of the Hon’ble Gujarat High Court in Mohit […]
For GST purposes it is necessary to classify correctly agreement involving hire, lease, or bailment of goods. Classification of an agreement as a hire purchase agreement, an agreement to hire or as being outside those ambits, affects the GST treatment of the agreement and consequently the GST liability.
To analyse the CGST ACT, the maxim actus non facit reum, nisi mens sit rea, has however no application to the offences under CGST ACT in its purely technical sense because the ingredient of various offences contain expressed propositions as to the state of mind of the wrong-doer.
Input Tax Credit (ITC) is a mechanism to avoid cascading effect. This unique feature of ITC has made itself perhaps one of the most controversial and litigated features in the erstwhile indirect tax regime and under GST regime, no doubt it will continue. While the registered persons fight tooth and nail to defend this credit, […]
To err is human and GST authorities are no exception. The adjudicating authority, while passing or issuing any decision or order or notice or certificate or any other document, it is expected to be free from errors. But errors may creep in inadvertently or unintentionally. It is the duty of the adjudicating authority, who has […]
