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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 858 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 384 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


Detailed ITC calculations in GSTR returns for subsequent months after October filings and other Issues

November 24, 2019 37434 Views 12 comments Print

Since most of us must have filed GSTR 3B for the month of October 2019 keeping in mind the new Rule 36(4). One thing we all have understood in GSTR-3B is that the record of calculations is now even more important.

Analysis of CBIC Circular on 20% GST ITC restrictions

November 23, 2019 59118 Views 7 comments Print

20% ITC restrictions clarified by CBIC Circular No. 123/42/2019– GST dated 11.11.2019 1. Clarification about the new rule 36(4) related to availing input tax credit under the GST. 2. The new rule 36(4) inserted vide Notification No. 49/2019 – Central Tax dated 09.10.2019, limits input tax credit claims to 20% of the “eligible amount” where in […]

SOP on Input Tax Credit under GST in case of 20% cap

November 23, 2019 10758 Views 0 comment Print

Section 43A Rule 36(4) of the CGST Act, 2017 and CGST Rules, 2017 – Restricting the Input Tax Credit (ITC) limit to 20% of the eligible ITC which is as per GSTR-2A. GST Payable now shall be paid. ITC Deferred a/c balance left out now shall be recoverable in next months as when appear in […]

Restriction in ITC availment | Rule 36(4) of CGST Rule, 2017

November 22, 2019 15192 Views 2 comments Print

CBIC vide the notification number 49/2019 inserted the new rule 36(4) which deals with the restriction on ITC for the invoices not reflecting in GSTR 2A. Section 43A has been inserted vide the CGST Amended Act, 2018 which deals with the provision of procedure and furnishing of return which restricts the ITC exceeding 20% of […]

Input tax credit- New Rule 36(4) calculation -Important points

November 22, 2019 12900 Views 0 comment Print

Credit restriction to be calculated Tax head wise or consolidated? A question that is flowing persistently is that is this limit to be calculated Tax head wise i.e. IGST, CGST,SGST separately or on consolidated basis?

Analysis of restriction on ITC not appearing in GSTR 2A

November 21, 2019 31761 Views 5 comments Print

CBIC make a significant change in the GST law by inserting rule 36(4) of CGST rule 2017 thereby restricting the taxpayers to avail ITC only up to 120% of eligible ITC appearing in GSTR-2A of a particular month and consequently it is very important to reconcile the GSTR 2A every month to maintain the track […]

ITC eligible on maintaining systems to collect fly ash generated in thermal power plant

November 20, 2019 2346 Views 0 comment Print

Ramco Cements Ltd. Vs Commissioner of Central Excise (CESTAT Chennai) Appellants are with the suppliers of fly ash. It is seen that appellants are installing PDFACS systems in the factories of thermal plants and contract for maintenance providing man power etc. is given to the respective suppliers. These suppliers do maintain such systems and transport […]

20% ITC Restriction under Rule 36(4) of CGST Rules, 2017

November 20, 2019 24366 Views 3 comments Print

Clarification regarding New Rule 36(4) of CGST Rules, 2017, Restriction in Availment of  Input Tax Credit (ITC) Circular No. 123/42/2019– GST, Dt. 11 Nov 2019 This being a new provision, the restriction is not imposed through the common portal and it is the responsibility of the taxpayer that credit is availed in terms of the […]

Mere admitted liability not enough to invoke Section 79 provision of CGST Act

November 20, 2019 7890 Views 0 comment Print

GST – Section 79- whether mere admitted liability is enough for invoking the provision under Section 79 of CGST Act – validity of recovery proceedings in the absence of assessment – term amount payable by a person – initiation of proceeding for provisional attachment –

100 % Clarity of Ineligible Input credit under GST

November 19, 2019 77712 Views 0 comment Print

Article explains when Input Tax Credit is not available under GST, What are the exception to rule/provisions of non availability of Input Tax Credit  under GST and relevant explanations. Input Tax credit under GST is not available on  Motor vehicles for transportation of persons having approved seating  capacity of not more than 13 persons (including […]

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