Input tax credit denial challenged where buyer produced invoices; court limited punitive proceedings and required a deposit instead.
The High Court held that a purchasing dealer who produced invoices, e-way bills and proof of payment should not be denied Input Tax Credit merely because the supplier failed to file returns or pay tax; proceedings under Section 74 are not normally to be instituted against a buyer absent fraud, though the court modified the assessment on condition of a ten per cent deposit and noted that supplier compliance remains the supplier's responsibility. (AI Summary)

Udyam registration expands MSME access to government schemes, credit preferences, tax concessions and protections against delayed payments.
Udyam Registration confers formal government recognition on eligible MSMEs through an online, minimal documentation process. Registered enterprises gain access to government schemes, subsidies, preferential credit via priority sector lending, tax concessions and statutory protections against delayed payments, while also qualifying for reserved tenders, export support, skill development, technical upgradation, networking services, cost reductions and simplified compliance through portal updates. (AI Summary)

Concessional GST for merchant exporters requires strict procedural compliance and timely export to preserve refund and credit rights.
Merchant exporters may procure goods from registered suppliers at a concessional GST rate and either export under a bond or LUT without tax and claim refund of unutilised input tax credit, or export on payment of IGST and claim refund of tax paid. The concession is optional and conditional: both supplier and exporter must be registered, merchant exporters must register with an export council or recognised board, invoices and order copies must be provided to the supplier's tax officer, goods must move from the supplier's registered place or a registered warehouse to the export point, shipping bills must include the supplier's name and GSTIN, and post-export proof must be furnished to validate the concessional treatment and refund entitlement. (AI Summary)

Blocked input tax credit restrictions undermine seamless ITC flow, prompting calls for repeal or targeted amendment.
The article criticises blocked input tax credit under sub section 5 of section 17 of the CGST Act as a major barrier to seamless ITC flow, noting that it denies credit for many business purpose expenditures (including motor vehicles and reverse charge supplies). While some amendments and circulars have provided partial relief, the author challenges the logic of blocking ITC on mandatory CSR spend via a non obstante clause and urges removal of the provision or elimination of curbs that contradict seamless credit flow where inputs and input services meet statutory definitions. (AI Summary)

Professional services exclusion: advocate engagements are contracts of personal service, not consumer services under consumer law.
Whether advocate services fall within consumer protection was examined and, noting the Act's focus on commercial unfair trade practices, the legal profession was characterized as sui generis. Because advocates act under vakalatnama, owe duties under professional rules, and operate with personal service attributes, their engagements were treated as contracts of personal service, placing advocate services within the statutory exclusion and precluding consumer act deficiency complaints against practising advocates. (AI Summary)

Valuation report absence should prompt restoration for fresh DVO valuation and opportunity to the taxpayer, not confirmation of additions.
Absence of a DVO report in valuation disputes requires restoration to the assessing authority to obtain the DVO report, provide it to the assessee, and allow the assessee to file responses and evidence so that a fresh decision can be taken, thereby protecting the principle of natural justice and affording a reasonable opportunity to be heard. (AI Summary)

Appeal Filing Procedure requires authenticated forms, provisional and final acknowledgments, and submission of certified orders.
Appeals and related filings must be authenticated under Rule 26 using digital signatures, e signatures or other authorised methods; appeals must be filed in the prescribed form with relevant documents electronically, triggering immediate provisional acknowledgement. If the impugned decision is on the common portal a final acknowledgement with an appeal number is issued and the provisional acknowledgement date is the filing date; if not, a self certified copy must be submitted within seven days or the submission date will be treated as the filing date. Manual filing is allowed only where notified or electronic filing is not possible. (AI Summary)

Manager obligations in REITs govern investment, asset management, disclosure, valuation and unit-holder reporting responsibilities.
The Manager must be a corporate entity meeting net worth, experience, personnel and board composition criteria and enter into an agreement with the Trustee. The Manager makes investment and asset-management decisions, ensures legal title, appoints and supervises valuers and intermediaries, procures insurance, computes and declares NAV based on valuer reports, arranges annual audits and disclosures, declares distributions, and must not take undisclosed commissions. It must furnish regular reports to the Trustee, maintain governance and compliance reporting to the board and stock exchanges, operate a vigil mechanism, and redress investor grievances within prescribed timelines. (AI Summary)

Input Tax Credit eligibility constrained by supplier payment and contemporaneous conditions, limiting seamless credit flow under GST.
Seamless transfer of Input Tax Credit is constrained by contemporaneous eligibility conditions in Section 16 and related provisions: possession of prescribed documents and receipt of goods or services remain core, but subsequent amendments require that the supplier pay tax to the government and that the recipient reflect the credit in returns. These additional restraints, together with time limits, evidentiary burden, staged supply rules, restrictions on advances, and reversal and interest obligations, impede unqualified flow of credit across the value chain. (AI Summary)

Time limit to file appeal before GSTAT: three month clock runs from President's assumption, prompting taxpayers to ready appeals.
The constitution of GSTAT has been completed through notifications, legislative amendments expanding eligibility and membership, and appointment rules, culminating in the President's appointment. The Removal of Difficulties Order and accompanying Circular specify that the appeal period begins on the later of communication of the order or the date the President enters office; accordingly the statutory three month filing period for taxpayer appeals has commenced upon the President's assumption, creating urgency for possible extension measures and immediate taxpayer preparedness. (AI Summary)

Conditions precedent cannot be adjusted against performance guarantees; successful resolution applicants must fulfil payment obligations and timelines.
A resolution plan approved under the insolvency framework requires the Successful Resolution Applicant to fulfil all conditions precedent and to make payments as specified; deviations or adjustments to those obligations are impermissible. The resolution professional and committee of creditors must ensure statutory payment priorities and post-approval management provisions before the adjudicating authority approves a plan, which then becomes binding on the corporate debtor and stakeholders. An interlocutory adjustment substituting a mandated payment tranche with an adjustment against a performance bank guarantee was held impermissible, and outstanding payment obligations must be met within the prescribed schedule while the guarantee remains in effect pending appeal. (AI Summary)

Input Tax Credit denial for self constructed immovable property restricts credit even when property is rented commercially.
ITC is not allowable for goods or services received by a taxable person for construction of an immovable property on his own account under Section 17(5)(d) of the CGST Act, even if such inputs are used in the course or furtherance of business; credits for works contract services and for reconstruction, renovation, additions, alterations or repairs are also blocked when capitalized. (AI Summary)

Core banking mandate centralises branch operations and heightens compliance duties for data privacy and cybersecurity.
Reserve Bank policy mandating Core Banking System adoption centralised branch operations on a common server and uniform software, enabling electronic transaction processing, consolidated customer records, modular staged implementation, third party integration, and statutory reporting. CBS delivers core banking functions-account opening, deposits and withdrawals, loan processing, payments, interest calculation and analytics-while posing major expenditure and legacy migration challenges. Compliance obligations center on data privacy and cybersecurity protections and technical authentication to safeguard the centralised customer database. (AI Summary)

Reverse charge mechanism applied to services received abroad may impose GST liability on Indian recipients despite place of supply rules.
A recent High Court ruling applied Notification 10/2017 under Section 5(3) of the IGST Act to hold an Indian registered recipient liable under the reverse charge mechanism for services supplied from a non taxable territory. The article argues that Section 13(5)'s place of supply outside India means the transaction cannot be an import of service or a taxable supply under Section 7(1)(b), and thus a notification cannot create tax liability absent the statutory threshold that the transaction qualify as a supply. (AI Summary)

Taxability of corporate guarantees affirmed as taxable services, with a standard valuation method to determine GST liability.
The amendment deems provision of corporate guarantees by related persons to be a supply of service under Schedule I and prescribes a standard valuation for such services as one per cent of the guaranteed amount or the actual consideration, whichever is higher, thereby bringing guarantees given without consideration into the GST net and standardising taxable value irrespective of input tax credit eligibility. (AI Summary)

Tax classification of mango pulp under GST affirmed, confirming application of the higher statutory rate and overriding prior lower claim.
Tax on mango pulp is leviable at 12 percent from the inception of GST pursuant to the insertion of "Mangoes (other than mangoes, sliced, dried)" into Entry No. 16 of Schedule II of the Goods Rate Notification. The Notification and Circular were treated as clarificatory of classification, placing mango pulp within the 12 percent entry rather than under the lower concessional description or the residuary higher-rate entry, and the revenue's reliance on the residuary entry for recovery was rejected. (AI Summary)

Onus on service provider to prove services were for a commercial purpose; mere pleading without evidence fails.
The Court held that the statutory definition of "consumer" splits into three parts: purchase for consideration (for which the complainant bears the onus), an exclusion for resale or commercial purpose (which the service provider who pleads it must prove), and a limiting exception to that exclusion (which, if reached, the complainant must prove). The service provider must discharge its onus on the preponderance of probabilities; merely pleading commercial purpose without evidentiary proof is insufficient. (AI Summary)

Input tax credit eligibility: pre-amendment GSTR2A reflection rule lacked legal force; Circular outlines verification steps for claims.
Restriction on claiming input tax credit depends on the law applicable in 2018-19: Section 16(2) then required possession of tax invoice/debit note, receipt of goods/services, tax payment to government, and furnishing of return under section 39. Rule 36(4)'s percentage based limits were introduced only later and were not operative for 2018-19. The later amendment requiring supplier furnished outward supply details to be communicated to recipients post dates the period; Circular 183/15/2022 instructs officials to verify statutory Section 16(2) conditions when GSTR 3B claims do not appear in GSTR 2A. (AI Summary)

Reverse Charge Mechanism denies recovery agents Input Tax Credit and upholds recipient liability and notification validity.
The court upheld notifications and statutory provisions authorising the Reverse Charge Mechanism for recovery agent services to NBFCs, confirming recipient liability and the consequent denial of Input Tax Credit to recovery agents because they lack output tax liability against which to set off input taxes; the classification was held to be a rational legislative choice consistent with Article 14 principles and within delegated authority under the Finance Act and GST statutes. (AI Summary)

Systems audit and process audit integration enhances organizational controls and operational efficiency, aligning processes with governance frameworks.
Systems audit evaluates the organization's control environment-governance, policies, internal controls, information systems, and risk management-while process audit inspects specific workflows for documentation, resource use, performance metrics, compliance, and root causes of inefficiency. Integrating both approaches provides a holistic perspective that aligns processes with organizational objectives, enables targeted improvements, and enhances risk management by addressing systemic and operational risks. (AI Summary)