Input tax credit under the CGST Act is conditional on the supplier's actual payment of tax to the Government; invoice possession, receipt of supplies and GSTR-2B reflection do not independently establish final eligibility. Section 16(2) conditions operate cumulatively, with the claimant bearing the burden of proving eligibility. Under Section 41(2) and Rule 37A, credit attributable to supplier non-payment must be reversed with applicable interest where prescribed, but may be re-availed when the supplier furnishes the relevant return and pays tax. The condition is treated as substantive, not as unconstitutional deprivation or double taxation, and cannot be read down to exempt bona fide recipients absent fraud or collusion.

This is a neutral professional article. The judgment is analysed in the context of its factual background, issues framed, and conclusions reached by the Court. 2026 (5) TMI 125 - KARNATAKA HIGH COURT At a Glance The validity of a common or consolidated show cause notice under Sections 73 and 74 of the Central Goods and Services Tax Act, 2017 has generated divergent judicial outcomes. The appellate ruling reported in 2026 (5) TMI 125 - KARNATAKA HIGH COURT holds that neither provision ba... ... ...

GST applies to the platform's supply of actionable claims created when players commit stakes to uncertain outcomes, including skill-based games played for stakes. Each participant obtains a contingent beneficial interest in pooled funds, while the platform is supplier where it controls rules, funds, participation and payouts. Committed stakes cease to be mere deposits and constitute consideration; valuation follows the gross stake or applicable deposit measure rather than retained platform revenue. Schedule III's negative-list treatment does not cover betting-and-gambling claims. Rule 31A governs earlier stake-based valuation, while Rules 31B and 31C prescribe online gaming and casino valuation. The online-money-gaming changes are clarificatory and apply to pending matters, subject to factual verification of deposits and computation.

Electronic commerce operators required to collect tax at source must follow a special procedure for goods supplied through their platforms by registration-exempt persons. Supplies may be permitted only after allotment of an enrolment number on the common portal. Operators must prohibit inter-State supplies by such persons, refrain from collecting tax at source on those supplies, and furnish supply details electronically in FORM GSTR-8. Where multiple operators are involved, the operator finally releasing payment bears these obligations.

SH. ASHOK KUMAR BHARDWAJ, HON'BLE MEMBER (J) AND SH. SUBRATA KUMAR DASH HON'BLE MEMBER (T) For the RP : Mr. Akshay Goel, Adv. Harsh Jadon ORDER The present IA No. 5974 of 2023 has been preferred by Mr. Rajiv Bhatnagar, Resolution Professional qua M/s UM Green Lighting Pvt. Ltd. (hereinafter referred to as, the 'Applicant/RP') under Section 30(6) of IBC, 2016, seeking the following reliefs: "a) Allow the present Application; b) Approve the Resolution Pla... ... ...

FINANCE DEPARTMENT NOTIFICATION The 17th August, 2023 S.R.O. No.550/2023 ─ In exercise of the powers conferred by Section 148 of the Odisha Goods and Services Tax Act, 2017 (Odisha Act 7 of 2017) (hereinafter referred to as the said Act), the State Government, on the recommendations of the Goods and Services Tax Council, do hereby notify the electronic commerce operator who is required to collect tax at source under section 52 as the class of persons who shall follow the following... ... ...

Allegations of tender tailoring concern the replacement of a proposed UJVN-THDC public-sector thermal project with long-term procurement of 1,320 MW from a private generating plant. Congress alleges that 84 of 86 tender conditions were revised after the public-sector venture was abandoned, producing terms suited to an existing Korba expansion acquired by Adani Power through insolvency proceedings. The objections include plant-location flexibility, transmission costs for supply to Uttarakhand, and a 75% fixed-charge ceiling, which are alleged to narrow competition and shift long-term costs to consumers.

Goa Goods and Services Tax rate schedules are revised from 1 January 2022 by omitting selected entries and inserting detailed 6% classifications for textile and allied goods. The revised coverage includes woven fabrics, man-made filament and staple-fibre goods, yarn, knitted and crocheted fabrics, nets, narrow fabrics and made-up textile articles. Descriptions for specified textile articles are updated, while apparel is separately classified as knitted or crocheted and otherwise. Footwear is included where its sale value does not exceed the prescribed per-pair threshold.

RBI's refusal to permit Tata Sons to surrender its core investment company registration revives the prospect of a public listing. Classified as an upper-layer non-banking financial company, Tata Sons is subject to a listing requirement whose deadline expired while its deregistration request was under consideration. Its board has agreed to advance the listing process, subject to annual general meeting approval. Any legal challenge to the refusal of deregistration may be pursued by Tata Sons itself rather than directly by the Tata Trusts.

Rejection of Tata Sons' request to deregister as a core investment company leaves it subject to the mandatory listing obligation arising from its upper-layer non-banking financial company classification. The board's majority support for N. Chandrasekaran's third term is linked to maintaining leadership continuity for prospective investors if a public listing proceeds.

An arbitration agreement does not by itself bar insolvency proceedings for an unpaid operational debt where no genuine dispute existed before service of the demand notice. Insolvency jurisdiction may be invoked when delivery of the demand notice, an acknowledged outstanding liability, partial payment, and a remaining unpaid sum above the statutory threshold are established. The Code's overriding effect applies despite inconsistent contractual instruments or laws. An unsupported assertion that arbitration was invoked cannot establish a pre-existing dispute or prevent initiation where operational debt and default are otherwise proved.

Goa's GST exemption framework, effective 1 October 2021, adds nil-rate treatment for AFC Women's Asia Cup 2022 event-related services, subject to designated certification, and for rights of admission to its events. It also grants nil-rate treatment for National Permits for goods carriages operating throughout India or contiguous States. The amendments incorporate 12AB references in specified entries, extend coverage to rescheduled India-hosted events, revise selected year references, omit entry 43, and insert a 75% threshold in entry 72.

Following presentation of the Union Budget, filing of Bills of Entry is unavailable from 20:00 hours on 1 February 2021 until ICES changes are updated, and Section 48 approvals are stopped during that period. Other ICEGATE services continue. Shipping Bill filing and assessment remain operational; where export levies change, applicable levies must be manually collected until directory changes are made online. Prior Bills of Entry require verification for changes in duty liability before out-of-charge.

Bona fide reliance on an earlier, Revenue-accepted appellate determination classifying imports under Chapter 29 and dispensing with registration under the Insecticides Act, 1968 negates mala fide conduct and does not justify penalty. Confiscation and consequential redemption fine require goods to be available for confiscation. Where goods were cleared without seizure or detention and were not provisionally released against a bond or bank guarantee, no basis exists for confiscation or redemption fine. Penal and confiscatory consequences are therefore unsustainable in these circumstances.

For authentication of a power of attorney under section 33(1)(a), the principal's actual temporary residence falls within "resides"; authentication before the competent Registrar or Sub-Registrar at that place is valid. Authority to execute and register a kabuliyat extends where the instrument's language and surrounding circumstances show it concerns the lessor-lessee arrangement. A jointly executed document need not be presented for registration by every executant. Presentation by an agent holding a general power of attorney from one joint executant, including registration authority and no relevant restriction, validly supports registration. The kabuliyat consequently operates as an enforceable instrument binding the principal to its contractual liabilities.

After 00:00 hours on 13 April 2020, the pre-existing minimum 48-hour holding window, or any longer period set by the relevant port or terminal, remains available to DPD-DPD importers for taking delivery of containers at port or terminal gates. The earlier 72-hour period operates only as a facilitative extension during the changeover and does not discontinue the ordinary delivery window.

En bloc rail movement of DPD-DPD import containers establishes ICD Mulund as an Extended Port Gate, with CONCOR undertaking rail trans-shipment, handling and custodianship. Delivery ordinarily requires Out of Charge at JNCH, but designated customs officers at ICD Mulund may examine Risk Management System-selected containers and issue Out of Charge there. Entry requires an inward train summary and verification of container and seal integrity; tampered containers undergo mandatory examination. Delivery requires the Bill of Entry, Out of Charge custodian copy and ICD gate pass, supported by a gate-out endorsement.

Commercially inseparable channel subscription and advertisement airtime distribution transactions should be aggregated for arm's-length benchmarking where they are mutually reinforcing, use the same assets, and operate under regulatory rights covering both revenue streams. Separate evaluation is unreliable when neither activity can practically be relinquished while retaining the other. Comparable entities must also have a similar functional and asset profile. Businesses involved in programme production, multi-channel broadcasting, radio operations, newspaper circulation, or ownership of significant intangibles are functionally dissimilar to a sports-channel and advertising-inventory distributor and should be excluded from the comparable set.

Revision of assessment under Section 263 requires an order to be both erroneous and prejudicial to the interests of the Revenue. Third-party search information, without incriminating or corroborative material linking an assessee to alleged cash payments, does not establish either requirement where the Assessing Officer has examined purchase records, allotment details and bank statements and accepted the explanation. Explanation 2(a) does not permit revision merely because different inquiries are preferred; it applies where necessary inquiries or verification were absent. Revision cannot authorise a fishing or roving inquiry or replace a plausible assessment view. The conditions for revision were therefore not established, rendering the revision invalid.

Receipts reflected in seized material and related bank deposits concerned an unregistered Samiti operated by three individuals and were attributable to an association of persons rather than to one individual. Additions in the individual assessment therefore could not be sustained. Any assessment of those receipts, if warranted, must be made in the association's assessment in accordance with law, with arithmetic errors in the seized-material workings addressed.