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This book is a compendium of notable decisions rendered by Supreme Court, High Courts, Appellate Authorities for Advance Ruling and Authorities for Advance Ruling and Appellate Authorities under GST law till March 2021. The book throws light on interpretation of GST law since inception taken by various authorities and courts. The book contains chapters covering topic-wise decisions along with unbiased NITYA Comments to provide insights on correctness and relevance of such decisions for readers. The book will provide practical guide to tax administration, industry, professionals, students and anyone interested in understanding evolving jurisprudence under GST law. List of cases have been arranged alphabetically, topic-wise, authority/court-wise and legislation/section-wise for ease of reference.
This book aims to guide readers towards a future where clarity and understanding of GST Laws prevail, enhancing informed decision-making. Its objective is to simplify GST Laws and clarify complex issues by examining relevant case laws. Aimed at professionals like Chartered Accountants, lawyers, and tax practitioners, the book is also accessible to those new to GST litigation, making it a valuable resource for a broad audience. The Present Publication is the Latest 2024 Edition, authored by CA. Srikantha Rao T. It is published exclusively by Taxmann for KSCAA. The noteworthy features of the book are as follows: • [Content Overview] o The book breaks down intricate GST aspects into manageable sections, facilitating easier comprehension and application o It includes a thorough exploration of case laws, particularly from the High Courts and the Supreme Court of India, providing a deep dive into GST jurisprudence o Covers a wide range of topics, including registration, supply under GST, levy and collection, cross-border services, and significant issues before courts • [Comparative Analysis] Draws parallels between GST in India and VAT in the European Union, providing a broader perspective on handling GST-related challenges • [Case Studies] Features an extensive collection of case studies from Indian courts and insights from international jurisdictions, aiding in the understanding and application of GST laws • [Focus Areas] o A dedicated chapter on 'Input Tax Credit and Refunds' addresses recent developments and ongoing legal debates in these areas o Provides a current legal perspective on various GST issues, helping readers stay updated with recent rulings and policy changes • [Practical Approach] Designed to facilitate easy navigation and serve as a reference guide for professionals dealing with GST litigations and advisories • [Educational Value] Enhances readers' comprehension by encouraging critical analysis and discussion on each case study, fostering an interactive learning experience • [Expert Insights] Shares the profound knowledge of the author, enriched by his contributions to professional journals and his extensive experience in indirect taxation The detailed contents of the book are as follows: • Registration – Outlines the process and criteria for GST registration • Supply under GST – Discusses the criteria and classifications for what constitutes a supply under GST • Levy & Collection – Details the procedures and regulations regarding the levy and collection of GST • Movement of Goods – Examines the rules governing the movement of goods under GST, including documentation and compliance • Valuation – Guides the valuation of goods and services for GST purposes • Cross-Border Services – Discusses the implications of GST on services that cross international borders • Exemptions – Lists the goods and services exempt from GST and the conditions for exemptions • Input Tax Credit – Explains the rules and procedures for claiming input tax credits and refunds • Refunds – Details the process for obtaining refunds under GST for overpaid taxes or other conditions • Returns – Covers the requirements and procedures for filing GST returns • Major Issues Before Courts – Highlights significant GST-related issues currently being adjudicated in courts
This book provides a concise commentary & practical guidance on the past & emerging jurisprudence as per the Orders of various High Courts & Ratio of judgements on the following: • Search, Seizure, Summons and Statements • Arrest, Bail, Provisional Attachment, Demands, Penalty & Confiscation The objective of this book is to sensitize both taxpayers and tax officers to their rights and obligations when: • Investigations are undertaken; • Records and documents are seized; • Officials from companies are summoned, and • Statements are recorded. This book will be helpful for taxpayers, departmental officers, members of the bar & bench, professionals and the judiciary to appreciate the intricate points and issues arising from the implementation of the relevant provisions conferring wide powers on the officers. The Present Publication is the 2nd Edition, amended by the Finance Act 2023 and updated till 28th April 2023. This book is authored by Dr. Gokul Kishore & R. Subhashree, with the following noteworthy features: • [Commentary/Practical Guide] This book is intended to serve as a commentary and also a practical guide to all stakeholders on the provisions and issues emerging from various orders passed by High Courts on search, summons, arrest, bail, provisional attachment, demands, penalty and confiscation • [Analysis of the Statutory Provisions featuring Landmark Cases & Recent Orders] Instances of the use of search and seizure powers have been increasingly visible. This book analyses the provisions along with the landmark cases on this subject and the recent orders under GST law. • [Analysis includes the Previous & Current Regime of Indirect-taxes] While arrest and prosecution powers have been in the statute book under the pre-GST tax laws, the frequency of invocation of such powers in the GST regime is high. Various orders on bail, conditions for bail and validity of arrest passed by High Courts have been discussed to comprehend the scope, limitations and interpretation of the provisions • [Threadbare Analysis with Established Jurisprudence & Principles Evolved over the Years] Proceedings for tax recovery commence with demand notice or show cause notice followed by an adjudication order, and the dispute is carried in an appeal if either party is aggrieved. The provisions under GST law on demands, adjudication, appeals, revision and recovery action have been subjected to threadbare analysis with the help of established jurisprudence and principles evolved over the years The structure of the book is as follows: • [Introduction] The first chapter provides an introduction to highlight the importance and relevance of this book in today’s context and also the jurisprudence on certain established principles laid down under pre-GST laws • [Inspection, Search and Seizure] The second chapter on inspection, search, and seizure provides easy-to-understand commentary on various sub-sections of Section 67 of the CGST Act along with departmental instructions, FAQs, landmark judgments and orders passed by High Courts under GST • [Summons for Attendance and Production of Documents] Process of issuance of summons to employees of companies/entities for either attendance before investigating officers for tendering statements and production of documents and records, the scope of the power, rights of taxpayers when such powers are exercised, and duties of the tax department are thoroughly discussed in the third chapter • [Audit and Access to Business Premises] The fourth chapter deals with the audit by officers of the tax department and access to business premises of taxpayers wherein besides analysis of the provisions, the statutory requirements to be complied with by taxpayers have been briefly explained • [Detention, Seizure and Release of Goods and Conveyances in Transit] Powers of the tax officers to detain vehicles and goods while in transit and remedies available to taxpayers for release of such detained/seized vehicles and goods form the subject of discussion in the fifth chapter • [Demands & Adjudication] Issuance of show cause notice for demand of tax not paid or short paid or wrongly availed input tax credit and passing of order after adjudication process have been subjected to in-depth examination supported by a large body of significant judgments in the sixth chapter • [Confiscation of Good or Conveyance and Penalty] The seventh chapter provides an essential understanding of the provisions on confiscation of goods and conveyances and penalties • [Appeals and Revision] Remedy of appeal before the first Appellate Authority and then appeal to GST Appellate Tribunal, High Court and the Supreme Court have been elaborately elucidated in the eighth chapter for the benefit of taxpayers, tax officers and tax practitioners • [Arrest, Bail and Prosecution] A nuanced analysis of extreme powers of arrest and criminal prosecution for specified offences along with bail provisions and compounding of offences and the principles laid down in significant judgments on the use of such powers form part of the ninth chapter • [Provisional Attachment & Recovery of Dues] Provisional attachment of property, including bank account and various modes contemplated under the law for recovery of tax dues, have been exhaustively explained in the tenth chapter • [Burden of Proof and Certain Procedures] Burden of proof and other provisions relevant to the subject covered in this book have been discussed in the eleventh chapter.
1. This book comprises of full text of all Central Acts (CGST, IGST, UTGST, and GST Compensation to States) and their respective Rules, Notifications, Forms, Circulars and Orders related to GST. 2. This book contains Cross-referencing of relevant Notifications, Rules, Forms, Circulars and Orders (with description) with each section, and vice-versa. 3. It also contains all notifications (except rate notifications), circulars and orders duly indexed with description alongwith reference of relevant sections/rules. 4. This cross referencing will help the readers to know the relevant related provisions at one place instead of going through the whole of lot of rules, notifications, circulars and orders. 5. This book contains notifications as originally issued as also the notifications as amended from time to time. Amendments, if any, in each notification is presented in form of a table above every notification along with brief gist of amendment which will help the readers to know the amendments in a single glance. 6. The Detailed Table of Contents relating to notifications (Part-2) and circulars/orders (Part-3) contains brief description of each notification/circular/order which will help the readers to easily locate the relevant notification/circular/order which he is searching for. 7. This book will be constantly and timely updated.
In India various indirect tax laws were replaced by the goods and services tax (GST) legislation, which came into force in July 2017. A plain reading of GST law reveals that its scope is very wide in comparison with pre-GST laws. However, many taxpayers have continued to work upon the assumption that the tax positions taken by them under the pre-GST laws continue to hold good. Similar arguments were made in a recent case before the Supreme Court of India concerning lottery tickets. The Supreme Court's decision rejected arguments based on pre-GST legislation and confirmed the wide scope of GST. In this article, the author examines the implications of this decision and urges taxpayers to undertake appropriate actions to correct their positions.
About the Book You have in your hands the sixth edition of the bi-annual publication on judicial pronouncements on GST laws comprising of analysis of select cases along with the full text of judgments arranged chronologically and alphabetically. The book is structured into three major parts, viz, General & Constitutional matters, Central & State GST and Integrated GST including Compensation Cess and further divided into 22 chapters. This edition covers select cases from various High Courts and Supreme Court reported from July 2020 - Dec 2020. Pronouncements of Advance Ruling Authority (AAR), Appellate Advance Ruling Authority (AAAR) and National Antiprofiteering Authority (NAA) may be referred to in respective separate books.
The law contains 174 sections, 162 rules, and a mind-boggling 193 forms! There are separate forms for show causes, replies, order, returns, statements, etc. The information required to be furnished under the law is again mind-boggling. It is not surprising as the GST law combines more than half a dozen laws into a single law. His This book combines the Act and the rules under different chapters. The information required to be furnished in the various Forms are also summarized in the chapters for ease of understanding. GST Demystified explains the Act and the Rules under various topics. The book explains the concept and the law of GST. Judicial decisions rendered prior to the introduction of GST have been referred to in this book to explain the legal position existing prior to the introduction of GST. Important circulars are referred for ease of understanding.
The taxability of reimbursement of expenses has been a prolonged debate. Recently, CBIC issued a circular to clarify the taxation of reimbursement of electricity expenses. However, the Circular failed to achieve its intended goal of resolving ongoing litigation around the issue. This article delves into the ongoing issues related to the reimbursement of expenses and the complexities that have emerged following the CBIC Circular.