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Legal topics directory

Find legal services, topic briefings, insights and lawyer profiles. Results link to existing pages; they are not legal advice.

2976 results. Page 52 of 100.

  1. GST insights

    Section 128A: the waiver that is arithmetic, not amnesty

    Interest and penalty waived, tax payable in full, appeals withdrawn. Whether that is a good deal depends on a number, and the number is knowable.

  2. GST insights

    Section 129 detention: how to get the truck released today, and the penalty reduced later

    A detained vehicle is a commercial emergency with a legal answer. The two objectives are different and should be pursued in that order.

  3. GST insights

    Section 130 confiscation: the conditions and where the department cannot go

    Confiscation extinguishes title to goods. It requires an intent that must be found, not assumed.

  4. GST insights

    Section 132 prosecution: offences, thresholds and compounding

    A tax dispute becomes a criminal case at a number. Knowing the number changes the strategy.

  5. GST insights

    Valuation under Section 15: transaction value and its exceptions

    Valuation is the quiet frontier. Groups lose more here than in classification, because nobody audits an intra group price until the department does.

  6. GST insights

    Section 16(2)(c): can your ITC be denied because the supplier did not pay tax?

    The most common GST demand in India today punishes a buyer for a seller's default. It is also the demand most often set aside.

  7. GST insights

    Section 16(4) time limit for claiming ITC: what survives after the amnesty

    The provision that extinguished credit for late filers has been upheld, relaxed and partly forgiven. What remains is narrow and factual.

  8. GST insights

    Rectification under Section 161: the underused remedy

    Six months, no pre deposit, and it fixes the arithmetic errors that an appeal takes two years to correct.

  9. GST insights

    Blocked credits under Section 17(5): the clause by clause map

    This is the one list where business purpose does not help you. Knowing the exact clause invoked is half the defence.

  10. GST insights

    Section 29(2) grounds of cancellation, read strictly

    Five grounds, each with an ingredient. Cancellation is not an administrative convenience.

  11. GST insights

    Section 35(6): tax on goods not accounted for

    A stock difference becomes a deemed supply, assessed at the officer's determination of value.

  12. GST insights

    Section 41 and recovery of credit availed on invoices where tax was not paid

    The provision that turned the matching concept into a self operating reversal, and the mechanism that replaced it.

  13. GST insights

    Section 52 tax collection at source: collection, credit and mismatch disputes

    A collection mechanism that produces a three way reconciliation between the platform, the seller and the portal.

  14. GST insights

    Best judgment assessment under Section 62, and how to get it withdrawn

    A non filer assessment is reversible. The window is thirty days, and most taxpayers discover the order after it has closed.

  15. GST insights

    Section 63: assessment of unregistered persons and of those whose registration was cancelled

    The provision used against businesses that crossed the threshold quietly, and against those whose registration was cancelled retrospectively.

  16. GST insights

    Section 64 summary assessment and the protection it lacks

    An assessment without a hearing, on the ground that delay would harm revenue. It is exceptional, and it is reversible.

  17. GST insights

    GST audit under Section 65: the clock, your rights and the first reply

    An audit is a rehearsal for litigation. Treat the first reply as a pleading and the notice that follows will be narrower.

  18. GST insights

    Special audit under Section 66: when an accountant is appointed against you

    A departmental audit by an outside professional, at the department's instance, with the report going to the department.

  19. GST insights

    Section 67 search and seizure: the conditions that must be satisfied

    The authorisation is the whole of the jurisdiction. Read it before anything else happens.

  20. GST insights

    Section 68: inspection of goods in movement

    The power to stop a vehicle, and the limits the rule places on it.

  21. GST insights

    Section 69 arrest under GST: when it is legal and when it is not

    After Radhika Agarwal, the arrest power survives and the shortcut does not.

  22. GST insights

    Section 70 summons: your rights, your obligations and your record

    A summons is a judicial proceeding by statutory deeming. Treat it that way and the file improves; treat it as a meeting and it does not.

  23. GST insights

    Section 71: access to business premises and the audit party's powers

    Access is not a search. The difference is the authorisation and what can be taken away.

  24. GST insights

    Section 73 versus Section 74: where the department overreaches, and how to prove it

    Invoking Section 74 buys the department two extra years and a hundred percent penalty. It also imposes a burden most notices never discharge.

  25. GST insights

    Section 74A: the unified limitation regime from FY 2024-25

    One provision now covers both fraud and non fraud cases, with a single limitation and a graded penalty. The old arithmetic does not travel forward.

  26. GST insights

    Section 75(12): recovery of self assessed tax without a notice

    The provision that lets the department skip adjudication. Its boundary is the difference between a return and a dispute.

  27. GST insights

    Section 77: refund where tax was paid under the wrong head

    A place of supply error creates two liabilities and one refund. The refund is available, without interest, if the sequence is followed.

  28. GST insights

    Radha Krishan Industries: provisional attachment is draconian, and the conditions are strict

    The Supreme Court took a power that was being used as leverage and put it back inside its statutory limits.

  29. GST insights

    Section 9(5) notified services and the platform as deemed supplier

    A provision that moves the liability to the platform for services the platform never supplied.

  30. GST insights

    Seizure of documents, devices and cloned data

    A business cannot run without its records. The statute recognises that, and the retention period is not indefinite.