Goods & Services Tax Acts, 2017

Section 16 — Eligibility: Tax invoice, receipt of goods/services, tax paid by supplier, return filed. Section 16(2)(c): ITC only if supplier has deposited the tax — recipient liable for reversal if supplier defaults. Section 16(4): Time limit — ITC for any invoice must be claimed before the earlier of: 30th November of following year or date of filing annual return. Section 17(5) — Blocked credits: Motor vehicles (exceptions for certain businesses), food/beverages, club membership, life/health insurance (unless obligatory), travel (except for further supply), works contract (except for further supply), construction of immovable property (for own use), goods/services used for personal consumption, goods lost/stolen/destroyed/gifted/free samples. Rule 36(4): ITC matching with GSTR-2B — credit restricted to amounts appearing in auto-generated statements. Section 42-43: Provisional and final ITC matching — excess credit to be reversed.

GSTR-1: Outward supplies — due by 11th of following month. GSTR-3B: Summary return with tax payment — due by 20th. GSTR-9: Annual return — due by 31st December. GSTR-9C: Reconciliation statement (turnover above ₹5 crore) — self-certified. E-invoicing: Mandatory for turnover > ₹5 crore — Invoice Registration Portal (IRP) generates IRN. Auto-populates GSTR-1. E-way bill (Rule 138): Required for goods movement > ₹50,000. Valid for prescribed distances/time. Part A (invoice details) + Part B (vehicle details). Late fee: ₹50/day for GSTR-1/3B delay (₹20/day for nil return). Interest (Section 50): 18% on delayed tax payment; 24% on undue ITC claimed and utilised.

Section 61 — Scrutiny: Officer may scrutinise returns and seek explanation. Section 62 — Best judgment assessment: If return not filed despite notice. Section 63 — Non-filer assessment: Unregistered person liable to pay tax. Section 65 — Audit: Commissioner may direct audit by CA/CMA. Section 66 — Special audit: If complexity/revenue risk warrants. Section 67 — Inspection, search, seizure: Authorised officer can inspect premises, search, seize goods/documents. Section 69 — Arrest: Commissioner may authorise arrest for tax evasion > ₹5 crore (cognizable, non-bailable); ₹2-5 crore (cognizable, bailable). Section 73: Demand for short-paid tax (non-fraud) — within 3 years. Section 74: Fraud/wilful misstatement/suppression — within 5 years + 100% penalty.

Section 107 — First Appeal: Appellate Authority — within 3 months of order (extendable by 1 month). Pre-deposit: 10% of disputed tax (max ₹25 crore for CGST). Section 109 — Appellate Tribunal (GSTAT): Constitution notified 2023. Appeal within 3 months. Pre-deposit: 20% of remaining disputed tax (additional 10%). Section 117 — High Court: On substantial question of law. Section 118 — Supreme Court: Further appeal on substantial question of law. Anti-Profiteering (Section 171): Any reduction in rate or ITC benefit must be passed to consumer through commensurate price reduction. National Anti-Profiteering Authority (now CCI) investigates — can order price reduction, penalty up to 10%, cancellation of registration. Advance Ruling (Sections 95-106): Authority for Advance Rulings — applicant-specific, binding on applicant and jurisdictional officer.