The Case of Safari Retreats: A Critical Analysis
Introduction Input tax credit (“ITC”) is one of the important features of the Central Goods and Services Tax Act, 2017 (“CGST Act”) which avoids the cascading effect of taxes. The availment of ITC rests on fulfilment of conditions provided in Section 16 of the CGST Act. Nevertheless, certain additional restrictions are imposed by Section 17(5) of the CGST Act […]
Darkness in GST Litigation: Is there light at the end of the tunnel?
There’s a very famous legal maxim, which reads, ‘justice delayed is justice denied’. If the aggrieved party does not get timely relief, even when legal redressal mechanism exists, the delay in justice is equivalent to its denial. If there is injustice anywhere, it would be a threat to justice everywhere. There is plethora of cases […]
Audi Alterem Partem: Grant every person an opportunity of being heard
It is a well-established principle of natural justice that no decision shall be given against a person without awarding him an opportunity of reasonable hearing. ‘Audi Alterem Partem’ is a Latin phrase which means ‘listen to the other side or let the other side be heard as well’. It is a fair chance given to […]
The Law shall not Expect Performance of the Impossible(Lex Non Cogit Ad Impossibilia)
Lex Non Cogit Ad Impossibilia means the law shall not expect performance of the impossible. The excuse of impossibility of performance cannot be sustained in case it is explicitly expressed in a contract, however, when it is provided by law, non-performance can be excused. It was observed by the Hon’ble Supreme Court in the case […]
Levy of IGST Quashed on Ocean Freight: Case Analysis
Introduction The Hon’ble Supreme Court in one of its landmark judgments in the case of UOI v. Mohit Minerals Private Limited, quashed the levy of IGST on ocean freight in case of CIF contracts. It is a significant judgment covering important aspects of the role of GST council, binding nature of its recommendations and discussion […]
Extended Period of Limitation: Is the Department blatantly misusing it?
In the past few months several taxpayers have received notices from the Service Tax and the Excise Department for either short payment of taxes or claim of excess refund. Interestingly, the issuance of all such notices was barred by limitation in the usual course, so, the department invoked the extended period of limitation to issue […]