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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 237 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 378 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 2151 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


Change in Time Limit for Claiming refund of Accumulated ITC w.e.f. 1 Feb 2019: An Analysis

January 19, 2019 58734 Views 5 comments Print

Section 54(3) of CGST Act 2017 provides refund of unutilised input tax credit. As per section 54(3), refund of unutilised input tax credit shall be allowed in the following two cases only: – (i) zero rated supplies made without payment of tax;+ (ii) where the credit has accumulated on account of rate of tax on […]

Interest on ITC Availed but not utilized under GST

January 11, 2019 55284 Views 5 comments Print

Across the country objections have raised by the GST Department on erroneously availed but not utilized ITC. In this article we will discuss on such objections and the legal provisions in this regard. First as per Sec 50(3) read with sec 42(10) of CGST Act, payment of interest is only triggered where there is a […]

ITC of Central Tax paid in Haryana not available to applicant registered in Raiasthan

January 9, 2019 1188 Views 0 comment Print

Whether the ITC of Central Tax paid in Haryana be available to the applicant who is registered in Rajasthan state, whereby such tax is paid on inward supplies used for business of person registered in Rajasthan?

Availability of Input Tax Credit in Special Circumstances under GST

January 6, 2019 25266 Views 0 comment Print

As per Section 18 of CGST Act, there are possibilities and conditions for the availability of input tax credit in special circumstances as below: (a) Availability of Input tax credit in case of Compulsory Registration When a person becomes liable to registration and he has applied for registration within 30 days from the date he […]

Format of Letter of undertaking to claim ITC under GST

December 15, 2018 313524 Views 5 comments Print

Author compiled Format of Letter of undertaking or Indemnity Bond to claim Input Tax Credit (ITC) under GST. Section 16 of CGST Act, 2017 states Conditions and eligibility for availing Input Tax Credit: As per the provisions, Registered person shall be entitled to avail the ITC on satisfying below mentioned conditions #1 He is in […]

List of Goods and Services not eligible for Input Tax Credit under GST

December 15, 2018 139071 Views 16 comments Print

According to Section 17, the input tax credit is available only to the extent of the goods or services used for the business purpose or effecting taxable supplies including zero rated supplies as discussed earlier in Rule 42 & 43. Apart from the above, there are goods and services which are not eligible for input […]

Credit on Capital goods not allowed when you claim ITC through RFD 01

December 15, 2018 46773 Views 5 comments Print

Ideally we don’t understand this logic wherein law maker one case allow it if it is paid by way of IGST on export of goods however the same ITC on capital goods claim through RFD 01 then it is disallowed.

ITC eligibility on works contract and construction activities

December 15, 2018 118743 Views 11 comments Print

It is important to determine whether property is movable or immovable as it is first and foremost thing which include or exclude the activity from the scope of works contract or construction activity and will have impact of ITC eligibility or otherwise. The term has not been defined in GST law.

Input Tax Credit on Outdoor Catering Services

December 8, 2018 78168 Views 1 comment Print

Section 17(5)(b)(i) of CGST Act, clearly specifies that Outdoor catering Services is not eligible for Input Tax Credit by the recipient unless and otherwise the recipient is making an outward taxable supply of the same category of goods or services (i.e.) in this Outdoor Catering Serivces , the relevant Section is appended hereunder Section 17(5) of CGST Act “ Notwithstanding anything contained in sub-section (1) of section 16 and subsection (1) of section 18, input tax credit shall not be available in respect of the following, namely:— (b) the following supply of goods or services or both— (i) food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery except where an inward supply of goods or services or both of a particular category is used by a registered person for making an outward taxable supply of the same category of goods or services or both or as an element of a taxable composite or mixed supply; “ In present Scenario Input Tax Credit on Outdoor Catering Services is ineligible by the recipient as per the above section of CGST Act

Impact of GST on Free and Sample Products

December 7, 2018 14589 Views 9 comments Print

In a fast growing, competitive market, one of the most effective ways to gain new customers is to give away free and sample products. Providing free or sample products is a tried and tested marketing method used by various companies in India and in this article, we review the applicability of GST on free and […]

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