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Discussion on Provisions of CGST Act or Rules

  1. Section 6 – Authorization of SGST/UTGST officers as Proper Officers
  2. Section 161 – Rectification of Error Apparent on the Face of the Record
  3. Section 83 read with Rule 159 – Provisional Attachment
  4. Section 82 – Tax to be First Charge on Property
  5. Rule 37 and Section 16(2) – Reversal of ITC for non-payment of Consideration within 180 days
  6. Section 121 – Non-Appealable Decisions and Orders
  7. Section 80 – Payment of Tax in Instalments
  8. Section 164 – Power to make Rules
  9. Section 15 of CGST Act – Value of Taxable Supply
  10. Section 87 of CGST Act – Liability in case of amalgamation or merger of companies
  • Compensation retained by ONGC for short off-take of natural gas under an MGO clause is not consideration for tolerating an act
  • Recommendations of 56th Meeting of GST Council on 3rd September 2025
  • IGST availed as CGST and SGST – Order demanding Penalty and Interest, Set Aside
  • No Difference in Taxes as per the Portal – Application for Rectification allowed to be made
  • Claiming IGST as CGST/SGST does not attract Penalty and Interest – Order remanded back for reconsideration
  • Period of Three Months u/s. 73(2) is mandatory and not directory – SCN is quashed
  • Excess ITC already reversed and Interest Paid – Order demanding Interest and Penalty Set aside and treated as SCN
  • Where recovery proceeding was not initiated, belated reply was allowed
  • Assessee could not represent properly due to Hospitalization – Order Set Aside and remanded back
  • Demand issued without considering the Second SCN is set aside
  • Detention – Order passed after 7 days of Notice is Set Aside
  • Demand issued without considering the Second SCN is set aside
  • E-way bill expired and amended e-way bill submitted – Detention and Penalty set aside since there is no intention to evade Tax
  • Appeal uploaded online within due date along with Copy of the Order – Delayed submission of Hard copy is not relevant – Rule 108
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