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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 801 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 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 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 228 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 357 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 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 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


GST Rule 86B: Restriction on ITC Utilisation – Practical Insights & Legal Position

March 23, 2026 21060 Views 1 comment Print

The dispute arose due to mechanical application of Rule 86B by tax authorities. It was held that satisfying exception criteria allows full ITC usage without cash payment. The key takeaway is that awareness of exceptions prevents unnecessary financial burden.

AR Tamilnadu Rejected Advance Ruling as ITC Utilization Issue Held Procedural in Nature

March 21, 2026 216 Views 0 comment Print

The Authority ruled that questions on ITC set-off procedures fall outside the scope of advance ruling. Applications on procedural aspects are not admissible under Section 97.

GSTAT Orders Refund After Finding Profiteering Due to Unpassed ITC Benefit

March 21, 2026 399 Views 0 comment Print

The case confirms that an increase in ITC must result in price reduction for buyers. The Tribunal found profiteering where such benefit was not passed on, directing refund with interest.

Section 75(12) GST Recovery Invalid Without Adjudication Due to Wrong ITC Allegation

March 21, 2026 663 Views 0 comment Print

The Court ruled that recovery under Section 75(12) cannot be used where wrongful ITC utilisation is alleged. It held that such cases require adjudication under Sections 73 or 74 before recovery action.

Anticipatory Bail Granted as No Offence Made Out in GST ITC Allegations

March 20, 2026 342 Views 0 comment Print

The Court examined allegations of fraudulent ITC claims and found that the petitioner’s actions were bona fide. It held that no offence was established and granted anticipatory bail with conditions.

Madras HC Set Aside GST Prohibition & Seizure Orders Due to Lack of Confiscation Notice

March 20, 2026 276 Views 0 comment Print

The court held that seizure and prohibition orders cannot continue without a confiscation proposal. The absence of such proceedings led to quashing of the orders.

Telangana HC Sustained Penalty for Fake ITC as Circular Granted Authority Before Final Order

March 18, 2026 414 Views 0 comment Print

The court held that jurisdiction existed when the order was passed post-circular. It upheld penalties for fraudulent ITC and fake invoices, rejecting the jurisdiction challenge.

GST ITC Denial Set Aside as Section 16(5) Extends Claim Deadline to 30th November 2021

March 18, 2026 360 Views 0 comment Print

The High Court held that ITC claims for financial years 2017-18 to 2020-21 remain valid if returns were filed before 30 November 2021 under the amended Section 16(5).

GSTAT Orders Builder to Refund ITC Benefit as GST ITC Was Not Passed to Homebuyers

March 18, 2026 378 Views 0 comment Print

GSTAT accepted the DGAP investigation finding that the developer retained additional ITC benefit after GST introduction. The amount must be passed on to buyers with interest.

Retrospective GST Cancellation and ITC Denial: Courts Protect Bona Fide Buyers

March 16, 2026 768 Views 0 comment Print

GST authorities often cancel registrations retrospectively after detecting fake entities, leading to ITC denial for genuine buyers. Courts have ruled that ITC cannot be denied solely on retrospective cancellation without proving bogus transactions.

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