*GST* 𝗕𝗶𝗴 𝗡𝗲𝘄𝘀 𝗖𝗼𝗺𝗶𝗻𝗴 𝗜𝗻:
𝗚𝗿𝗲𝗮𝘁 𝗡𝗲𝘄𝘀 𝗙𝗼𝗿 𝗛𝗼𝗻𝗲𝘀𝘁 𝗧𝗮𝘅𝗽𝗮𝘆𝗲𝗿𝘀
The Supreme Court has 𝗱𝗶𝘀𝗺𝗶𝘀𝘀𝗲𝗱 𝘁𝗵𝗲 𝗱𝗲𝗽𝗮𝗿𝘁𝗺𝗲𝗻𝘁'𝘀 𝗦𝗟𝗣 𝗮𝗴𝗮𝗶𝗻𝘀𝘁 𝘁𝗵𝗲 𝗖𝗮𝗹𝗰𝘂𝘁𝘁𝗮 𝗛𝗖 𝗷𝘂𝗱𝗴𝗺𝗲𝗻𝘁 𝗶𝗻 𝘁𝗵𝗲 𝗰𝗮𝘀𝗲 𝗼𝗳 𝗦𝘂𝗻𝗰𝗿𝗮𝗳𝘁 𝗘𝗻𝗲𝗿𝗴𝘆 𝗣𝘃𝘁. 𝗟𝘁𝗱., wherein it was held that the *purchasing dealer's ITC cannot be denied by the department on the ground that that supplying dealer has not remitted the tax so collected unless there is an exceptional case like the supplier going missing or any situation wherein it becomes impossible for the department to collect tax from such a supplier.* 𝘜𝘯𝘵𝘪𝘭 𝘵𝘩𝘦𝘳𝘦 𝘪𝘴 𝘢 𝘳𝘦𝘮𝘰𝘵𝘦 𝘤𝘩𝘢𝘯𝘤𝘦 𝘰𝘧 𝘳𝘦𝘤𝘰𝘷𝘦𝘳𝘪𝘯𝘨 𝘵𝘩𝘦 𝘵𝘢𝘹 𝘧𝘳𝘰𝘮 𝘵𝘩𝘦 𝘴𝘶𝘱𝘱𝘭𝘺𝘪𝘯𝘨 𝘥𝘦𝘢𝘭𝘦𝘳, 𝘵𝘩𝘦 𝘥𝘦𝘱𝘢𝘳𝘵𝘮𝘦𝘯𝘵 𝘴𝘩𝘢𝘭𝘭 𝘯𝘰𝘵 𝘥𝘦𝘯𝘺 𝘐𝘛𝘊 𝘵𝘰 𝘵𝘩𝘦 𝘱𝘶𝘳𝘤𝘩𝘢𝘴𝘪𝘯𝘨 𝘥𝘦𝘢𝘭𝘦𝘳.
𝘈𝘨𝘢𝘪𝘯𝘴𝘵 𝘵𝘩𝘪𝘴 𝘰𝘳𝘥𝘦𝘳, 𝘵𝘩𝘦 𝘋𝘦𝘱𝘢𝘳𝘵𝘮𝘦𝘯𝘵 𝘧𝘪𝘭𝘦𝘥 𝘢𝘯 𝘚𝘓𝘗 𝘪𝘯 𝘵𝘩𝘦 𝘚𝘶𝘱𝘳𝘦𝘮𝘦 𝘊𝘰𝘶𝘳𝘵 (𝘋𝘪𝘢𝘳𝘺 𝘕𝘰. 44241/2023).
It is being reported that the SLP has been dismissed and the Calcutta High Court judgment has been upheld.
This comes as a massive victory for honest taxpayers.
The order copy of the judgment is awaited.
(𝗦𝗼𝘂𝗿𝗰𝗲: 𝗧𝗮𝘅 𝗦𝘂𝘁𝗿𝗮)
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A Comprehensive Guide to Goods and Services Tax (GST)
Goods and Services Tax (GST) represents one of the most substantial tax reform movements in recent history, aiming to create a unified indirect tax structure across nations that adopt it. Enacted with the intent to simplify and streamline the taxation process, GST replaces multiple indirect taxes that were previously levied by both state and central governments. This significant shift towards a multi-stage tax has galvanized discussions around tax compliance and has raised various queries among business owners and consumers alike. The introduction of GST, therefore, not only marks a pivotal moment in the realm of tax policy but also promotes transparency, reduces corruption, and enhances the ease of doing business. As such, understanding the nuances of GST is essential for all stakeholders in the economy, ranging from small business owners to large multinational corporations, and even individual consumers who are indirectly impacted by this tax structure.
What are the key components of GST?
The Goods and Services Tax (GST) is primarily structured around three main components: Central Goods and Services Tax (CGST), State Goods and Services Tax (SGST), and Integrated Goods and Services Tax (IGST). CGST is imposed by the central government on intra-state sales, while SGST is levied by state governments on the same transactions. IGST, on the other hand, is applicable on inter-state sales and is collected by the central government. This three-tier structure facilitates a seamless flow of tax credits across states, ensuring that businesses only pay the tax on the value added at each stage of production and distribution.
In addition to these core components, GST also encompasses various categories of goods and services that can be taxed differently based on their nature, such as essential goods, luxury items, and services provided. The implementation of these taxes is crucial for ensuring equitable taxation while promoting compliance among businesses and consumer awareness.
How does GST affect businesses?
GST has dramatically altered the operational landscape for businesses. By consolidating multiple indirect taxes into a single tax, GST simplifies the compliance process, reducing the complexity and administrative burden for businesses. Companies can now file a single tax return instead of multiple returns for different taxes, streamlining their accounting and taxation processes. This leads to more efficient tax administration and helps businesses focus on their core operations instead of navigating a convoluted tax system.
However, businesses are also tasked with adapting to this new framework, which may require investment in new accounting technologies and systems to ensure compliance. Moreover, the tax rates under GST may vary based on the classification of goods and services, so businesses must be vigilant in categorizing their products accurately to avoid penalties. Overall, while GST presents opportunities for streamlined operations, it also demands diligence and adaptability from businesses.
What are the benefits of GST for consumers?
For consumers, GST aims to create a more transparent pricing structure. Under the previous tax regime, many indirect taxes were embedded in the final price of goods and services, often leading to higher costs. With GST, the cascading effect of taxes is eliminated, which means consumers can benefit from lower prices as businesses pass on the tax savings to them. Furthermore, GST promotes a unified market by standardizing tax rates, reducing discrepancies in pricing across different states and sectors.
Additionally, consumers can expect better compliance from businesses, as GST's emphasis on transparency encourages companies to maintain accurate records. This leads to improved quality and service delivery as businesses strive to adhere to GST regulations, ultimately enhancing the consumer experience.
What challenges does GST pose?
While GST offers numerous benefits, it is not without its challenges. One major issue is the need for businesses to adapt quickly to the new system, which may put a strain on small and medium enterprises that lack the resources to upgrade their processes. Compliance with GST regulations requires a certain level of knowledge and understanding, and many businesses may struggle with correctly filing their tax returns amidst the learning curve. Failure to comply can lead to penalties, increasing the pressure on businesses.
Furthermore, different GST rates for various goods and services can lead to confusion among both businesses and consumers. The tax structure can become complicated, necessitating clear communication and education to ensure all parties understand how to navigate the changes. Hence, while GST promises a simplified taxation process overall, the transition period demands significant adjustments and support.
How does GST impact government revenue?
GST has the potential to enhance government revenue significantly by broadening the tax base and minimizing tax evasion. The digitization of tax filing and the introduction of technology-driven compliance measures allow for better monitoring and tracking of economic transactions, making it difficult for businesses to evade taxes. Increased compliance rates lead to higher revenues for both central and state governments, which can then be allocated to public services and infrastructure development.
Moreover, with a more transparent tax system, consumers are likely to be more aware of the taxes they are paying. This awareness, combined with improved revenue collection mechanisms, can generate a more sustainable financial environment for governments, enabling them to fund essential projects and programs aimed at enhancing the economic welfare of their citizens.
GsT Knowledge Telegram Channel
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