Advocates Tax Bar Association-ATBA-India

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Advocates Tax Bar Association-ATBA-India National Body of Tax Advocates

https://lnkd.in/p/dRjc8Fm2
19/09/2026

https://lnkd.in/p/dRjc8Fm2

An open appeal to the Hon'ble Finance Minister and the Central Board of Direct Taxes (CBDT) on behalf of tax advocates and practitioners across India. With the September 30 deadline for filing Tax Audit Reports approaching, practitioners and businesses are facing severe procedural bottlenecks on the...

08/08/2026

Cases on ITC under GST
Think Input Tax Credit (ITC) under GST is a simple mathematical equation?

Think again. 💡

When I first started analyzing GST compliance, ITC seemed straightforward: Buy goods, pay tax, claim credit, and reduce your cash payout.

Then I started tracking landmark court judgments. That’s when the real picture hit me.

In business, millions of rupees in ITC get blocked not because companies didn't pay tax, but because of vendor mistakes, interpretation gaps, and strict statutory deadlines.

Here are 3 key insights from recent GST case laws every finance professional and business owner needs to remember:

1️⃣ **Supplier fault vs. Buyer penalty**
Courts (like in the *D.Y. Beathel Enterprises* case) have highlighted that tax authorities shouldn't straightaway target the buyer if a supplier fails to deposit tax. Examining the supplier first is crucial before penalizing an honest buyer.

2️⃣ **The Commercial Property Dilemma**
The ongoing legal discussions around ITC on building construction (like the landmark *Safari Retreats* case) are redefining how we look at capital assets. If a commercial building directly generates taxable rental income, blocking ITC creates a cascading tax effect.

3️⃣ **Deadlines are non-negotiable**
Fierce legal battles around Section 16(4) time limits show us one thing clearly—while taxpayers view ITC as a right, courts consistently emphasize that statutory timelines must be strictly honored.

The biggest lesson?

GST compliance isn't just about pushing "Submit" on your GSTR-3B every month. It’s about vetting your vendors, keeping a airtight paper trail, and staying updated on judicial precedents.

Has your business ever faced an unexpected ITC block due to a vendor’s fault? How did you deal with it? Drop your thoughts below! 👇

15/08/2023
14/08/2023

🤣🤣🤣

14/08/2023

It's just for Fun no heart feelings for anyone please is post ka अर्थ गलत ना निकाले...we all are Proud भारतीय.
जय हिन्द

14/08/2023

मजदूर भाइयों ने बनाया एक अद्भुत तिरंगा 🇮🇳 🇮🇳

14/08/2023

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Address

Gh 5 & 7, Flat No. 520, Paschim Vihar, New Delhi
Delhi
110087

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+917607779800

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