Advocate Shailesh Sheth
16 articles written by Advocate Shailesh Sheth on ConsultEase.
GST ComplianceWidening the powers of the Provisional Attachment – A brief analysis of the budgetary amendment
In the previous article (see, “Tax Wire” Issue: 08 dated June 12, 2021), we briefly discussed the provisions of S. 83 of the CGST Act, 2017 („the Act‟) empowering the Commissioner to resort to the provisional attachment in the specified circumstances and the protective shield
GST ComplianceHigh Court’s protective shield against the mindless provisional attachment
In terms of S.83 of the CGST Act, 2017, the Commissioner has the powers to provisionally attach the property, including a bank account belonging to a taxable person under certain specified circumstances. When any proceedings under the specified provisions are pending against a taxable
GST ComplianceThe unsavoury controversy of IGST exemption to the import of oxygen concentrators
For the past almost two years, Covid-19 Pandemic has gripped the world and the Indian Sub-Continent cannot be expected to remain immune to this life-threatening virus. In fact, the ‘second wave’ of this Pandemic has turned out to be much more lethal than the
GST ComplianceCan the post-supply reduction in price impact the ITC claim?
Input Tax Credit’ (‘ITC’) is the ‘soul’ of the ‘Goods and Services Tax Act’ (‘GST’), an Indirect Tax policy. The mechanism of ITC plays a significant role in mitigating the adverse impact of ‘Tax on tax’ by enabling the taxpayers to pay the tax
GST ComplianceIGST exemption on Imports –Does it require GST Council recommendation?
“Nobody has a more sacred obligation to obey the law than those who make the law.” [Sophocles] Introduction The question posed in the title of the article may startle readers and some may even consider it outlandish, if not absurd! After all, who, in
GST Compliance“Supplier sins & Recipient repents…! Part-IV
[In Part I, we had a brief look at the 4 (four) conditions prescribed in clauses (a) to (d) of S. 16(2) of the CGST Act, 2017 which are in force as of the date and which a taxpayer is required to fulfill so
GST ComplianceQ & A Relating To Show Cause Notice & Appeals Under GST Law
“No man ever reached to excellence in any one art or profession without having passed through the slow painful process of study and preparation.” – [Horace – Ancient Greek Poet, 65 BC- 8 BC] Pre- Notice Consultation Sr. No. Name of Participant Question Speaker’s
GST ComplianceCan the department resort to the recovery action without assessment of the liability?
As discussed in this column earlier, the department cannot recover any amount of tax or interest or penalty or any other amount without first issuing a show-cause notice to the person concerned as mandated in law. The applicability of this established principle of law is
GST Compliance“Supplier sins & Recipient repents…! – Part-II
Ngakyaw ate it, but it was Ngakyi who had to pay.” [From “Hill Proverbs of the Inhabitants of the Chitagong Hill Tracks’ by Capt. Thomas Herbert Lewin] Before we discuss the provisions of S.16(2)(c) and (aa) of the CGST Act, 2017 and their implications
GST Compliance“Supplier sins & Recipient repents…!
Part-I Background “It is no doubt fair and in the national interest to check tax evasion with a firm hand, but it is neither fair nor in the national interest that the law should be made to bear hard on a large number of honest
GST ComplianceValidity of recovery without show cause notice
Can the department recover the tax on any pretext without the issue of the show cause notice? Is a taxpayer compulsorily liable to make the payment on receipt of the Statement in Form GST DRC-01A? Is a taxpayer obliged in law to honor the demand
GST CompliancePre-Notice Consultation: Is it a blessing or an eye wash?
If a taxpayer has not paid or short paid the tax (GST) which is payable under the law or has been granted the refund erroneously or has taken or utilised the Input Tax Credit (ITC) wrongly, then in such cases, a proper officer can