A street-side paani puri vendor has received a Goods and Services Tax notice, which has started yet another debate on compliance obligations for small and unregistered businesses. The notice throws a spotlight on a need for awareness and clarity of tax laws, particularly in regard to micro-entrepreneurs who run informal businesses.

Safari Retreats Pvt. Ltd. vs. Chief Commissioner of Central Goods & Service Tax (2019) was indeed the landmark judgement related to Input Tax Credit on immovable property under the GST regime. This one case brings out high-level discussions about the interpretation and scope of ITC provisions in relation to real estate and immovable property.

High Court quashes the circular deeming Rule 89(5) amendment as prospective, allowing refund claims within 2 years.

The recent amendment to Rule 96(10) of CGST Rules 2017, brought through Notification No. 20/2024, is a significant change for exporters. This update simplifies the process of reclaiming GST refunds. It provides much more comfort in the process. Continue reading this article to understand the substantial shift in approach so that you can better manage your working capital and improve your export activities.

With an aim to improve accuracy and minimize human errors in the GST return filing process, the Goods and Services Tax Network (GSTN) has implemented significant updates regarding the auto-population of values in the GSTR-3B form.

The Indian government announced a new GST amnesty scheme to come into force on November 1, 2024. That one will again bring relief to taxpayers by allowing the waiver of interest and penalty on outstanding GST dues of eligible taxpayers.

The recent ruling made by the Supreme Court on October 3, 2024, sets a new precedent with respect to the Input Tax Credit (ITC) claims as provided for in the Central Goods and Services Tax Act, particularly in Section 17(5)(d).

In the case of M/S Anil Rice Mill vs State of U.P. and Others, the Allahabad High Court ruled that merely providing tax invoices and e-way bills is not sufficient to claim Input Tax Credit (ITC). The assessee must also establish the genuineness of the transaction and prove the physical movement of goods with supporting documents such as freight charges, delivery acknowledgements, and GSTR 2A filings. The court upheld the denial of ITC due to a lack of evidence.

In M/s. Shobika Impex Pvt. Ltd. vs. Commissioner of GST & Central Excise, Trichy, the key issue was the recovery of refunded CENVAT credit without issuing a show cause notice. The Tribunal ruled that this violated the principles of natural justice, emphasizing that procedural lapses should not lead to the denial of substantial benefits. The case was remanded for fresh consideration, highlighting the importance of due process and transparency in tax refund claims.

The goods and services tax (GST) system in India through the GST network (GSTN) is changing in a big way with the introduction of the invoice management system (IMS). This is an advanced system, which will start operating on October 1, 2024 .

The ruling made by the Rajasthan High Court is significant; it overturned the decision of the Appellate Authority, which had denied a refund claim under the 'Inverted Tax Structure' based on a circular. This case heavily depended on the authority's reliance on a circular that restricted the simplicity of refunds, which led to an appeal by the taxpayer.

In the case of National Plasto Moulding Vs. State of Assam & Ors., the Gauhati High Court addressed whether purchasing dealers can be denied Input Tax Credit (ITC) if the selling dealer fails to deposit the collected tax.