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The Doctrine of Statutory Prerogative: An Expanded Analysis of the Gujarat High Court’s Verdict on Section 16(2)(C) of CGST Act 2017

Goods and Services Tax : The issue was whether buyers can claim ITC when suppliers default on tax payment. The court upheld denial, emphasizing ITC is cond...

May 2, 2026 852 Views 0 comment Print

GST NGTP Tag Cannot Alone Justify ITC Denial Without Proper Inquiry

Goods and Services Tax : Highlights that system-based NGTP tagging cannot replace proper verification before denying ITC. Key takeaway: factual investigati...

May 1, 2026 411 Views 0 comment Print

Section 16(2)(c) of CGST Act: Supplier default dilemma

Goods and Services Tax : Courts ruled that denying ITC due to supplier non-payment is unjust when buyers act in good faith. The key takeaway is that bona f...

April 29, 2026 738 Views 0 comment Print

Rule 86A After K-9 Enterprises: End of Arbitrary ITC Blocking

Goods and Services Tax : This explains how courts have imposed strict safeguards on ITC blocking under Rule 86A. The key takeaway is that due process is no...

April 27, 2026 375 Views 0 comment Print

Why GST Crackdown Is Targeting Easy Taxpayers Instead of Fraudsters?

Goods and Services Tax : The article highlights how aggressive GST actions impact genuine businesses. The key takeaway is the need for balanced enforcement...

April 25, 2026 462 Views 0 comment Print


Latest News


Delhi GST Detects ₹60.59 Cr Fake ITC Fraud; One Arrested

Goods and Services Tax : Authorities uncovered fraudulent ITC claims based on fake invoices without actual supply of goods or services. The accused was arr...

April 30, 2026 537 Views 0 comment Print

Delhi CGST Busts ₹8 Cr Fake ITC; Company Director Arrested

Goods and Services Tax : Authorities uncovered fraudulent ITC claims exceeding ₹8 crore without actual supply of goods. The ruling highlights that ITC is...

April 18, 2026 714 Views 0 comment Print

₹6.53 Crore ITC Fraud: Director Held for Availing Credit Without Goods Receipt

Goods and Services Tax : CGST Delhi South arrested a director for allegedly availing ₹6.53 crore in fraudulent ITC based on bogus invoices worth ₹36.28...

February 14, 2026 855 Views 0 comment Print

ICAI’s Suggestions on IMS accepted in Government Advisories

Goods and Services Tax : Government advisories revised the IMS process to stop unfair tax escalation on credit note rejection. The key takeaway is balanced...

January 7, 2026 702 Views 0 comment Print

Important Update: Reporting ITC of Previous Financial Year in GSTR-9 for FY 2024–25

Goods and Services Tax : Important change in Table 6 of GSTR-9 for FY 24-25 - Taxpayers can now report ITC of previous financial year that was claimed in ...

October 14, 2025 17889 Views 1 comment Print


Latest Judiciary


Jharkhand HC Orders Surrender in Fake GST Customs Officer Auction Fraud Case

Goods and Services Tax : The issue involved alleged cyber fraud where funds were credited to the petitioner’s account. The Court granted relief consideri...

May 3, 2026 240 Views 0 comment Print

ITC Denial Upheld Due to Supplier Tax Default Under GST Law: Gujarat HC

Goods and Services Tax : The Court examined whether ITC can be denied when the supplier fails to deposit tax. It upheld the provision, ruling that ITC depe...

May 2, 2026 381 Views 0 comment Print

GSTAT Remands Anti-Profiteering Case Due to Unverified ITC Reversal Claims

Goods and Services Tax : The Tribunal remanded the case after finding that ITC reversals on unsold inventory were not adequately examined. It directed fres...

May 2, 2026 210 Views 0 comment Print

Karnataka HC Set Aside Ex-Parte ITC Rejection Due to COVID-Related Non-Response

Goods and Services Tax : Dispute on ITC mismatch between returns was remitted after ex-parte order, allowing reconciliation upon 10% pre-deposit. Key takea...

April 29, 2026 189 Views 0 comment Print

No ITC Denial Without Verifying Transaction Genuineness: HP HC

Goods and Services Tax : The High Court did not decide the constitutional challenge but directed authorities to reconsider the taxpayer’s objections and ...

April 29, 2026 240 Views 0 comment Print


Latest Notifications


GST Advisory & FAQ on Electronic Credit Reversal & Re-claimed Statement & RCM Liability/ITC Statement

Goods and Services Tax : The portal will restrict GSTR-3B filing if ITC reclaims exceed ledger balances. The key takeaway is mandatory correction of excess...

December 29, 2025 8424 Views 0 comment Print

Delhi GST Notification Introduces Special Procedure for ITC Rectification

Goods and Services Tax : The Delhi government allows registered taxpayers to rectify GST orders where previously denied ITC is now eligible under section 1...

December 1, 2025 2154 Views 1 comment Print

No ITC on Pre-Registration Stock if GST Registration Filed Late: Rajasthan Circular

Goods and Services Tax : Rajasthan GST circular directs officers to reject Input Tax Credit claims for taxpayers who register after 30 days from becoming l...

August 12, 2025 642 Views 0 comment Print

Rajasthan GST: ITC Claim Verification for Late Registrations

Goods and Services Tax : Learn about the Rajasthan Commercial Taxes Department's new directive on verifying and rejecting Input Tax Credit claims for busin...

August 12, 2025 672 Views 0 comment Print

CBIC Launches Trade Facilitation Initiatives, Cracks Down on Fraud

Goods and Services Tax : CBIC unveils trade facilitation measures, combats counterfeit currency, and detects ₹80 crore GST fraud. Key developments from I...

February 17, 2025 954 Views 0 comment Print


Rule 86(B) on Input Tax Credit and Its Impact In GST

January 9, 2021 18312 Views 4 comments Print

Central Government has inserted a new rule in CGST Rules, 2017, Rule 86B, providing for restrictions on use of amount available in electronic credit ledger. This rule shall be applicable from 1st January, 2021 and has an over-riding effect over other rules. It states that the registered person shall not use the amount available in […]

Tax Evasion Through Fake Invoices & Actions by Government

January 8, 2021 21669 Views 0 comment Print

You would have heard many GST fake invoice fraud news in recent time, in spite of many checks and balances introduced in GST laws such as GSTR-2A, Rule 36(4), e-invoicing, e-way bill etc. In a release, the CBIC said that it has so far registered about 12,000 cases of ITC fraud and arrested 365 people, […]

DGGI Gurugram arrests one for fraudulently availing ITC of Rs 8 crore

January 8, 2021 750 Views 0 comment Print

The Directorate General of GST Intelligence (DGGI) Gurugram Zonal Unit (GZU), Haryana has arrested one Shri Sanjay Goel, resident of New Delhi on charges of illegally availing and passing on input tax credit (ITC)  on goods-less invoices.

Rule 36(4) – An additional condition to avail ITC under GST

January 6, 2021 224799 Views 2 comments Print

[Ref: Notification No. 94/2020-Central Tax dated 22nd December, 2020] We all are aware that recently, in exercise of the powers conferred by Section 164 of the Central Goods and Services Tax Act, 2017 (CGST Act, 2017), the Central Government, on the recommendations of the Council, has issued a Notification No. 94/2020-Central Tax dated 22nd December, […]

Rule 86B of CGST Rules- Mysterious Puzzle

January 5, 2021 9225 Views 1 comment Print

With effect from 01.01.2021 vide Notification No. 94 /2020 – Central Tax, dated 22nd December 2020 a new rule i.e., 86B is inserted to curb the ongoing fake invoices transactions. 1. Legal Provision: Notwithstanding anything contained in these rules, the registered person shall not use the amount available in the electronic credit ledger to discharge […]

Contradiction of GST Rule 36(4) with Section 16

January 5, 2021 11025 Views 1 comment Print

The CBIC has introduced new Rule 36(4) vide Notification No: 49/2019-CT dt: 09.10.2019 which restricts Recipients from availing Input Tax Credit (ITC) over and above the ITC available in GSTR2A (Supplier Filed Data). This Rule is somehow contradictory to the Section 16 and let us see briefly how: Rule 36 (4)  “(4) Input tax credit […]

Input Tax Credit reversal on Sale of Shares/Mutual Funds

January 4, 2021 111657 Views 8 comments Print

In GST regime as well as in the previous regime, ITC on exempted supply of goods or services shall be reversed and not eligible for availment. One such exempted supply is sale of shares/mutual funds. ITC reversal on such supply is discussed as below:

ITC under GST of ex-Director cannot be blocked to recover VAT Dues of Company

January 4, 2021 1707 Views 0 comment Print

Nipun A Bhagat Vs State of Gujarat (Gujarat High Court) Whether Rule 86A of the CGST Rules, 2017 can be exercise for the purpose of blocking the input tax credit available in the credit ledger account of the writ applicant for the purpose of recovering the dues of Dolphin Metals (India) Limited. At the outset, […]

Rule 86A – Conditions of use of amount available in Electronic Credit Ledger

January 3, 2021 16746 Views 0 comment Print

1. Changes in Rule 36(4) of CGST Rules, 2017 from 1st January, 2020- recipients can claim provisional Input Tax Credit (“ITC”) in GSTR-3B to the extent of 10% instead of earlier 20% of the total ITC available in GSTR-2B for the month; 2. Insertion of new Rule 86A providing conditions of use of amount available in electronic credit ledger.

Recent changes in GST W.E.F 01.01.2021 relating to ITC

January 3, 2021 7428 Views 0 comment Print

Let’s discuss recent changes in GST with new perspective- As GST become effective from July 2017, we all are happy that there will be seamless flow of ITC and no restrictions to claim ITC but now it is not easy to claim ITC –SOUL OF GST -as we have to cross many stages to claim […]

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