Monthly Archives: July 2026

Composite GST Show Cause Notices Covering Multiple Financial Years Are Legally Unsustainable And Must Be Quashed

By | July 7, 2026

Composite GST Show Cause Notices Covering Multiple Financial Years Are Legally Unsustainable And Must Be Quashed Issue Whether a consolidated or composite Show Cause Notice (SCN) issued under Section 73 of the CGST/SGST Act covering multiple financial years (2019-20 to 2021-22) is legally sustainable, or if the tax authorities are mandated to issue separate notices… Read More »

Department Must Release Deposited Refund to Taxpayer Absent an Explicit Interim Stay From the Tribunal

By | July 7, 2026

Department Must Release Deposited Refund to Taxpayer Absent an Explicit Interim Stay From the Tribunal Issue Whether the revenue department can withhold a sanctioned GST refund amount deposited with the Court’s Registrar General, when its appeal is pending before the Appellate Tribunal but no interim stay order has been granted against the release. Facts Initial… Read More »

Interest remains mandatory on belated tax payments even if discharged via DRC-03 before SCN.

By | July 7, 2026

Interest remains mandatory on belated tax payments even if discharged via DRC-03 before SCN. Issue Whether statutory interest under Section 50 is legally leviable on differential tax paid voluntarily via Form GST DRC-03 after being pointed out by the department but before the issuance of a formal Show Cause Notice. Whether the department can invoke… Read More »

Depreciation on lapsed 50% GST under Section 17(4) does not restrict the remaining 50% ITC.

By | July 7, 2026

Depreciation on lapsed 50% GST under Section 17(4) does not restrict the remaining 50% ITC. Issue Whether a banking company that opts to avail 50% Input Tax Credit (ITC) under Section 17(4)—allowing the remaining 50% to lapse and be capitalized for Income Tax depreciation—can be denied the availed 50% ITC under Section 16(3) on the… Read More »

ITC on fund-raising services is admissible for debt repayment but ineligible for subsidiary capital investment.

By | July 7, 2026

ITC on fund-raising services is admissible for debt repayment but ineligible for subsidiary capital investment. ITC on fund-raising services is admissible for debt repayment but ineligible for subsidiary capital investment. Issue Whether Input Tax Credit (ITC) is admissible on merchant banking services engaged for a Qualified Institutional Placement (QIP) when the funds raised are utilized… Read More »

ITC is valid via self-invoice under RCM and pre-amendment cross-charge without ISD registration is legal.

By | July 7, 2026

ITC is valid via self-invoice under RCM and pre-amendment cross-charge without ISD registration is legal. ITC is valid via self-invoice under RCM and pre-amendment cross-charge without ISD registration is legal. Issue Whether Input Tax Credit (ITC) can be denied to a distinct state unit that discharged tax under Reverse Charge Mechanism (RCM) and issued a… Read More »

Sage Organics’ non-alcoholic beverages fall under HSN 2202, while iced tea and syrups fall under Chapter 21.

By | July 7, 2026

Sage Organics’ non-alcoholic beverages fall under HSN 2202, while iced tea and syrups fall under Chapter 21. Issue Whether the low-calorie, sugar-free non-alcoholic beverages, iced tea preparations, and flavoured syrups manufactured by the applicant classify under Chapter 21 or Chapter 22 of the HSN, which Schedule of the GST rate notifications they qualify for, and… Read More »