Taxmann GST Issues Decoding GST Issues & Litigation Trends By Shankey Agrawal Edition September 2024

This book is an authoritative guide to understanding the complex legal landscape of India’s Goods and Services Tax (GST). It provides an in-depth examination of the most contentious areas of GST law that have sparked disputes between taxpayers and government authorities. It analyses the critical aspects, such as constitutional challenges, procedural complexities, and evolving legal controversies, which shape the GST litigation framework.

The book is structured into four comprehensive sections:

• Constitutional Foundation of GST
• Key Transactional Disputes
• Core GST Concepts
• Robust Enforcement and Recovery Mechanisms

Each section is supported by a detailed analysis of landmark judgments, statutory provisions, and practical insights into the law’s application. It also addresses how technology-driven compliance systems like the GST Network (GSTN) have introduced new challenges.

This book is helpful for GST practitioners, including Chartered Accountants, lawyers, students, and department officers. It analyses legal issues, enforcement actions, and the remedies available.

The Present Publication is the 2^nd Edition, amended by the Finance (No. 2) Act 2024. It covers the recommendations of the 54^th GST Council Meeting held on 9^th September 2024, and it is authored by Shankey Agrawal, with the following noteworthy features:

• [Comprehensive Overview of GST Litigation] This book thoroughly examines GST law, focusing on areas that have sparked disputes between taxpayers and authorities. It covers both current legal controversies and anticipates future issues, providing a thorough understanding of the evolving GST litigation landscape in India
• [Constitutional and Legal Framework] The book analyses the constitutional background that shaped GST, providing a detailed analysis of contentious legal provisions. It discusses key transactions that have led to disputes, covering areas like classification, valuation, and input tax credit eligibility
• [Landmark Judgments and Advance Rulings] A significant feature of this book is its detailed analysis of landmark court judgments that influenced GST law. It also covers the role of Advance Rulings, explaining how they have clarified, and sometimes complicated, the interpretation of GST provisions. Key cases such as Mohit Minerals and Calcutta Club are discussed to provide readers with a legal perspective on the disputes
• [Enforcement and Recovery Provisions] The book discusses the aggressive enforcement mechanisms under GST, including anti-evasion measures, search and seizure, provisional attachment, and arrest powers. It also explains the remedies available to taxpayers, such as bail proceedings and judicial intervention, making it a practical guide for those dealing with enforcement challenges
• [Technology and GST Compliance] A unique feature is its examination of the role of technology in GST compliance, particularly the challenges posed by the GST Network (GSTN). The book discusses how technology-driven compliance has revolutionised tax administration but also led to technical glitches that have become a source of litigation
• [Core GST Concepts and Practical Guidance] The book explains fundamental GST concepts like input tax credit, place of supply, and composite vs. mixed supplies. It offers practical guidance on procedural aspects such as registration, return filing, audits, and appeals

The structure of the book is as follows:

• Background and Overview of GST Litigation
  • Introduction to GST Litigation – Provides a historical and constitutional background of GST, setting the stage for understanding the nature of disputes that have emerged
  • Administrative Supervision – Discusses the authorities responsible for overseeing GST litigation and how the litigation process has evolved since GST’s introduction
  • Trends of GST Litigation – A detailed examination of litigation trends, from early challenges to current and future legal disputes in the GST framework
• Controversial Transactions and Legal Provisions
  • Transactions Leading to Legal Disputes – This section analyses specific types of transactions that have sparked legal controversies, such as classification of goods and services, valuation issues, and input tax credit eligibility
  • Landmark Judgments and Resolutions – Analysis of key court decisions that have shaped GST law, including the legal provisions that have been subject to significant litigation
  • Corrective Legislative Measures – Outlines legislative actions and amendments introduced to address these contentious areas
• Core GST Concepts
  • Basic Concepts of GST – Covers essential concepts every GST practitioner needs to know, including place of supply, composite and mixed supplies, and valuation provisions
  • Procedural Aspects – Discusses the procedural requirements for compliance, such as registration, return filing, assessments, audits, and appeals
  • Legal Issues Surrounding Basic Concepts – In-depth look at the controversies around fundamental GST concepts, supported by case laws, departmental circulars, and legal provisions
• Enforcement and Recovery Mechanisms
  • Anti-evasion Provisions – Examines the government’s enforcement strategies to combat tax evasion, including search and seizure operations, arrest powers, and provisional attachment of property
  • Legal Challenges in Enforcement – Discusses the litigation that has arisen from the aggressive enforcement of anti-evasion measures and the legal remedies available to taxpayers
  • Bail and Judicial Remedies – Provides an overview of legal procedures for dealing with arrests and detentions under GST, including bail applications and judicial intervention
• Role of Technology in GST Compliance
  • Impact of GSTN (Goods and Services Tax Network) – Analysis of how technology plays a role in GST compliance, the challenges taxpayers face due to GSTN glitches, and how these issues have contributed to litigation
• Advance Rulings and Judicial Trends
  • Advance Ruling Authorities – Explores the role of Advance Ruling Authorities in providing clarity on ambiguous GST provisions and how divergent rulings have sometimes added to legal confusion
  • Judicial Trends in GST – A review of significant judicial trends that have emerged, focusing on how courts have interpreted and applied GST law over time
• Landmark Judgments and Case Studies
  • Notable Court Rulings – Detailed analysis of landmark cases such as Mohit Minerals Pvt. Ltd. (on ocean freight services) and Calcutta Club Ltd. (on mutuality), among others, offering insights into their implications on GST litigation
  • Practical Case Studies – Provides practical case studies to help readers understand how GST provisions have been challenged in courts and the outcomes of these legal battles
• Legislative Amendments and Future Controversies
  • Future Legal Controversies – Speculates on upcoming areas of litigation based on emerging trends and evolving GST provisions
  • Corrective Measures and Amendments – Discusses recent legislative amendments aimed at resolving long-standing controversies and their potential to reduce future litigation
• Enforcement Remedies and Recovery
  • Search, Seizure, and Arrest Provisions – A comprehensive guide to enforcement provisions under GST, with detailed discussions on search and seizure operations, arrest procedures, and recovery mechanisms.
  • Remedies for Taxpayers – Provides analysis of the available legal remedies, including bail, appeals, and interim relief options for taxpayers facing enforcement actions
• Additional Topics of Interest
  • Input Tax Credit – Detailed discussion on input tax credit provisions and related challenges
  • Composite and Mixed Supplies – Clarification on the distinction between composite and mixed supplies under GST law
  • Import and Export of Goods and Services – Explanation of how GST applies to import and export transactions, including issues related to zero-rated supplies and deemed exports
• Appendices and Supplementary Material
  • Appendices – Includes important judgments, provisions, circulars, and rules that are relevant to the understanding of GST litigation
  • Supplementary Resources – Provides additional resources such as statutory guidelines, commentaries, and case laws that provide a deeper insight into specific aspects of GST law
• Conclusion
  • Closing Remarks – Summarises the key issues discussed in the book and provides the author’s perspective on the future of GST litigation in India