Category: TAX

The legal scenario of admissibility of input tax credit in case of construction of immovable property with the intention to sell it to the prospective buyers of the erstwhile VAT regime has been mutatis mutandis adopted  in the present innovative GST regime . However with the ambit of sale been enlarged by the larger concept … Continue reading ITC Regarding Construction For Renting Purposes :

Input Tax Credit is the pivot of Goods And Services Tax Structure . The Central Goods And Services Tax Act , 2017 ( here-in-after referred to as "the Act" ) spells our various provisions regarding availability and non-availability  of Input Tax Credit  ( here-in-after referred to as "ITC" ) . Similar provisions are embodied in … Continue reading Certain Cases Where ITC Is Not Available In GST Regime :

              Input Tax Credit is the pivot of GST Regime . As a matter of fact it is the all important ingredient of this innovative taxation system . There have been some important issues regarding admissibility of input tax credit ( hereinafter referred to as ITC ) which need … Continue reading Admissibility of ITC  In Certain Cases :

           The determination of Tax has been a significant feature of every fiscal taxation structure but at the same time there are certain peripheries which have to be followed by the concerned authorities while making such determination . Sections 73 and 74 of the CGST Act , 2017 ( hereinafter referred … Continue reading General Provisions Regarding Determination of GST :

           GST Regime very prominently exhibits the concept of self assessment and virtually accepts the return filed by any person on the basis of self assessment as the assessment order for that period under this innovative law . It also incorporates the concept of scrutiny of returns and assessment of non-filers … Continue reading Determination Of Tax In GST Regime:

Assessment in fiscal laws has always been a matter of great concern both for the dealers or the persons concerned and the tax authorities . As a matter of fact it is the assessment order which finalizes the statutory liability to pay tax under the provisions of  related fiscal laws. However , assessment proceedings initiated … Continue reading Assessment In GST Regime :

Inspection , search and seizure have been inbuilt measures under fiscal law since its inception . It is a settled belief that no fiscal law can be effective without such enforcement measures . GST Regime has also incorporated this concept and has envisaged suitable measures and provisions regarding inspection , search and seizure in order … Continue reading Inspection , Search & Seizure In GST Regime:  

Confiscation of goods and conveyance where the concerned person has not complied with the order of proper officer pronounced under sub-section (3) of section 129 of the CGST Act , 2017 ( similar provisions are embodied in UPGST Act , 2017 ) is an innovative concept of GST Regime and such proceedings should be carried … Continue reading Confiscation Of Goods Or Conveyance In GST Regime :

Goods and Services Tax Regime lays significant emphasis on contravention of provisions envisaged in the related law while transporting or storing any goods when they are in transit and has provided strong measures to deal with such situation . Section 129 of the Central Goods And Services Tax Act , 2017 ( similar provisions are … Continue reading Detention , Seizure & Release Of Goods In GST Regime :            

            Application of mens rea in fiscal law has always been a matter of great concern and debate . Even various legal pronouncements have expressed conflicting views on this issue but it is pertinent to note that such pronouncements have been made by the respective courts on the basis of … Continue reading APPLICATION OF MENS REA UNDER GST LAW: