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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...

Introduction:

The right to a refund under the GST is a substantive right and not merely a procedural entitlement. If the refund is not sanctioned within the time prescribed by statute, it must compensate the taxpayer for the time value of that deprivation, and this is precisely what Section 56 of the CGST Act, 2017 (“Act”) sets out to do. Even after 9 years of GST, the interest on delayed refunds remains one of the most litigated and administratively resisted corners of the law....

Covestro India Pvt. Ltd. vs. Assistant Commissioner of Customs, Nhava Sheva (2026) 43 Centax 158 (Bom.) [16-04-2026]

Introduction

India's expanding network of Free Trade Agreements (FTAs) plays a pivotal role in facilitating international trade by allowing eligible imports to avail preferential customs duty, subject to compliance with the applicable Rules of Origin (RoO). These rules ensure that tariff concessions are available only to goods genuinely originating from the partner...

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...