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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 759 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 408 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 735 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 372 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 534 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 222 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 348 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 195 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 234 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 8421 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 2148 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


Mutual Fund Redemption Treated as Sale; ITC Reversal Rules Apply: AAAR Gujarat

October 3, 2025 1602 Views 0 comment Print

Gujarat AAAR rules Zydus Lifesciences must reverse ITC on inputs linked to mutual fund transactions, treating them as exempt supplies under GST law.

Post-Sale Discounts & ITC Reversal: CA Certificate Requirement removed

October 3, 2025 6699 Views 1 comment Print

CBIC withdraws circular requiring CA/CMA certificate for post-sale GST discount ITC reversal proof. Reduces supplier burden, restores reliance on S15(3)(b)(ii) statute.

Gujarat HC Grants Bail in GST ITC Fraud Case After 8 Months Custody

October 1, 2025 954 Views 0 comment Print

Gujarat High Court granted bail in a ₹10 crore GST ITC fraud case after the accused spent eight months in custody, citing investigation completion and no flight risk.

Gujarat HC Quashes GST Demand Based Only on E-way Bill & GSTR-9 Turnover Mismatch

September 29, 2025 3612 Views 0 comment Print

The Gujarat High Court ruled in MC Bauchemie that a discrepancy between E-way bill turnover and GSTR-9 turnover is insufficient alone to invoke GST demand proceedings under Section 73. Authorities must establish fraud, willful misstatement, or suppression to assume jurisdiction.

ITC & Stock Treatment post GST Rate Drop w.e.f 22.09.2025

September 29, 2025 3435 Views 1 comment Print

GST rate reductions or exemptions require careful ITC management. Learn rules for utilizing existing credit, mandatory reversal for nil-rated goods, and applying the correct rate using time of supply.

Rule-42 & 43 of GST Act – Reversal of ITC in case of Zero rated supplies

September 29, 2025 5700 Views 0 comment Print

GST Rules 42 & 43 mandate ITC reversal for common credit related to exempt supplies. Zero-Rated Supplies (exports, SEZ) are excluded from the reversal calculation.

Jharkhand HC Remands Section 16(4) ITC Case Following Finance Act, 2024 Amendments

September 28, 2025 909 Views 0 comment Print

Jharkhand High Court set aside an order disallowing Rs. 30.29 lakh in Input Tax Credit (ITC) for the period 2018-19. Court quashed order because a new provision, S. 16(5) of CGST Act (inserted by Finance Act, 2024

GST ITC Eligibility: Can Buyers Be Denied Credit if Supplier Defaults on Tax?

September 27, 2025 26619 Views 1 comment Print

Section 16(2)(c) of the CGST Act makes Input Tax Credit (ITC) conditional on the supplier actually paying the tax to the government. Judicial precedents from High Courts emphasize that a buyer’s bona fide claim can’t be denied solely due to the supplier’s default, especially without proving fraud or collusion.

Accumulated ITC Refund on Inverted Duty May Not Attract Anti Profiteering

September 25, 2025 3792 Views 0 comment Print

Analysis of GST rules on refund of accumulated ITC due to inverted duty structure after tax rate reductions, clarifying anti-profiteering under Section 171.

No order of retrospective GST Cancellation be passed unless specifically mentioned in SCN with reasons

September 24, 2025 759 Views 0 comment Print

Since the SCN did not propose retrospective cancellation or raise the issue of non-existent premises, the impugned cancellation order was unsustainable therefore, assessee’s GST registration should be treated as cancelled only from 31 December 2024, the date of the SCN.

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