A discussion on maintainability of Writ Petition under Article 226 – where disputed questions of facts exist. Under Article 226 of the Constitution of India, the High Courts are given the power to issue writs. That this power to issue writ is a discretionary power of the High Courts.  However, the High courts while entertaining …

Since its inception, the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “the Code”) has ushered in a new financial culture, which is responsive and vibrant. The Code has yielded positive outcomes by way of bringing in a systematic and institutionalized framework in restructuring of stressed assets from the debt-ridden economy. Prior to the …

Section 50 of the Central Goods and Services Tax Act, 2017 (henceforth the CGST Act) prescribes for liability of interest in case of delayed payment of tax upon failure of a person who is liable to pay tax as per the CGST Act but fails to pay the tax within prescribed period. The said provision …

Since the introduction of GST effective from July 2017 fraudulent invoices or fake invoicing has regularly made the headlines. It is estimated that there have been numerous occasions in the past two years of implementation of GST that evasion of tax in the form of fraudulent ITC in lakhs of crores of rupees has happened. …

  As you are aware that the Hon’ble Union Finance Minister Smt. Nirmala Sithraman presented the Union Budget 2020 on 1st February 2020. Please find the attached Highlights of The Finance Bill of 2020 containing changes under CGST Act, Customs and Income Tax Act. Write-up on Budget 2020 by Adv. Puneet Agrawal titled as “FM’s Recipe …

Section 65 of the CGST/SGST Act empowers the tax authorities to conduct the audit under GST Law. GST Department has started to knock on the doors of the Assessees and have started to serve the notices to conduct GST Audit. Now, it is time to awake on time and rectify the mistakes/ errors and correct the stands …

From the Desk of the Editor.. प्रियमित्रों,सादरप्रणाम राष्ट्रीय युवा दिवस एवंनववर्षकीहार्दिकशुभकामनाएं Indian democracy is surely maturing. It has got the ability to discuss the real issues faced by the country and its citizenry. The role of media and the addition of social media to it, is helping people of our country especially the youth to form their opinion …

Online Tax portal, GSTSUTRA has recently published an article on the topic “Curtailing Limits of Purchase of Liquor and Cigarettes at Duty Free Shops- A Welcome Step”.  Author Advocate Puneet Agrawal has expressed his views welcoming the proposal of the Commerce Ministry. The link for the article already published in GstSutra is given below http://gstsutra.com/experts/column?sid=614&page=1 

The CBIC had earlier issued a Circular No. 37/11/2018-GST F.No.349/47/2017- GST Dated 15th March, 2018 in pursuant to representations received from the traders regarding the issue being faced by them in claiming refund of exports in cases where refund period has been spread across different months and different financial years. Therefore, considering the issues of …

In the matter of BTC Industries Ltd. v. Commissioner, VAT in W.P.(C) 11876/2018, the Hon’ble Delhi High Court has quashed the impugned notification issued by Commissioner VAT declaring C Forms as obsolete and invalid, vide its order dated 24.10.2019. The Hon’ble Court relied on its earlier decision in Maa Jagdamba Traders v. Commissioner VAT W.P.(C) …