Blogs

Background:

It is being observed that the assesses are receiving notices requiring to reverse/pay back ITC availed pertaining to newly constructed building projects used for business operations[such as factory premise/warehouses], alleging such credit is restricted being of nature of “immovable property”. However in addition to civil works, such projects involve installation of electrical fittings, cabling, STP, security, fire fighting, machines for manufacture of finished goods etc.... Read more

Background

Under GST law, Section 16 sets out the eligibility and conditions for taking of ITC. Section 16(1) of the CGST Act deals with the eligibility of a dealer to avail ITC and clauses (a), (b), (c) & (d) of Section 16(2) of the GST Act deal with the conditions for enabling such benefits. Therein 16(2)(c) sets out that that ITC will be available to the purchasing dealer only if the supplier has paid the tax to the Government.

 Various judicial precedents in erstwhile laws[under...

On 1st July 2017, India embarked on its most ambitious indirect tax reform since independence — the Goods and Services Tax (GST). Touted as "One Nation, One Tax, One Market". Nine years on, GST has undeniably widened the tax base, improved the ease of doing business, and improved GST collections. But it has also generated an enormous litigation, procedural friction, and interpretational disputes. Past 9 years, both the taxpayers and the government have faced uncertainty over...

Background

In terms of section 65 of the CGST Act, the Commissioner or any officer authorized by him may undertake audit of any registered person for such period and frequency, in the manner to be prescribed. The selection of taxable persons for audit is done based on factors such as risk element, total tax payment, turnover, business segment, etc.

Audit initiated by Commissioner or officer authorized by him:

• Section 65 authorizes conduct of audit by the Commissioner...