KAY & Partners — Insights
Commentary on recent judgments and regulatory developments across our practice areas. Analysis is factual and educational. Nothing here constitutes legal advice.
The Vendor's Shadow
Your Supplier Collected the Tax and Never Passed It On. That Is Now Your Problem.
The notice usually lands about eighteen months late. By then the invoice is a line in a reconciliation nobody has opened since it was filed, and the person who approved the purchase order has moved on.
Read analysis →The ITC Lifeline
Five Years of GST Credit Reversals, Undone by Parliament in a Single Amendment
In the first years of the Goods and Services Tax regime, taxpayers and their advisors were navigating a system that was still being assembled in real time. Returns were late. The portal misbehaved. Timelines that looked …
Read analysis →The Restitution Right
You Won Your GST Appeal. Why Are You Still Waiting for Your Money?
Anyone who has been through GST litigation knows this much: before you can even argue your case, you have to put money on the table. The law requires a pre-deposit — part of the disputed tax — to ensure that only serious…
Read analysis →The Plant Test
The Building That Earns Rent Is Also a Plant. The Supreme Court Unlocked Billions in Blocked GST Credits for Commercial Lessors.
The GST on a large commercial mall — on the cement, the steel, the lifts, the air conditioning, the finishing work, the contractors engaged across years of construction — is a substantial sum. The GST collected on the re…
Read analysis →The Ledger's Unlock
Filing a GST Appeal Used to Require Cash on Hand. Now It Can Come From Your ITC Balance.
The mandatory pre-deposit under Section 107(6) of the CGST Act is, for a taxpayer facing a large demand and wishing to challenge it, a condition that has no procedural alternative. Ten percent of the disputed amount — in…
Read analysis →The analyses published here are prepared by the editorial team of KAY & Partners and are intended solely as general commentary on judicial and regulatory developments. They do not constitute legal advice and should not be relied upon as such. Bar Council of India Rules prohibit advocates from soliciting work or advertising in a manner that implies specialisation or past success. Nothing on this page constitutes a testimonial, endorsement, or guarantee of outcome.