Advocate Shailesh Sheth

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 provisi […]

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. […]

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 […]

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 […]

“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 […]

[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 […]

“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 Cons […]

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 i […]

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) […]

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 […]

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 […]

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 […]

The Finance Bill, 2021 (‘the Bill’) presented by the Finance Minister on February 01, 2021, has finally received the assent of the President on March 28, 2021, and with that, the Bill stood enacted and has […]

Can a recipient taxpayer be denied the benefit of ITC on the basis of the non-availability of the details of the tax invoice or debit note, etc. of the supplier-taxpayer in the Form GSTR-2A or Form GSTR-2B […]

The Goods and Services Tax (GST) cannot be expected to be completely insulated from the adverse impact of the tax cascade prevalent in any Indirect tax system. However, with a view to mitigating – if not co […]

The issue whether Members‟ Clubs, Housing Societies or Trade and Industry Chambers / Associations come within the scope of service tax or VAT has always been mired into the legal dispute. The “principle of m […]