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Legacy Indirect Tax Litigation Hub — Q&A

Legacy Indirect Tax Litigation Hub — Q&A: current Indian finance and law guidance from Finin2min.

Repeal, Savings and Surviving Proceedings

What is the Finin2min conclusion on Repeal, Savings and Surviving Proceedings?

Legacy rights, liabilities and proceedings survive only through the applicable savings and transition clauses.

Repeal, Savings and Surviving Proceedings

Which primary anchor applies to Repeal, Savings and Surviving Proceedings?

CGST Act ss.142 and 174

Repeal, Savings and Surviving Proceedings

What evidence is needed for Repeal, Savings and Surviving Proceedings?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

Repeal, Savings and Surviving Proceedings

What is the next action for Repeal, Savings and Surviving Proceedings?

Map event, notice and savings provision.

Continuing Central Excise after GST

What is the Finin2min conclusion on Continuing Central Excise after GST?

Excise continues for specified goods and legacy periods.

Continuing Central Excise after GST

Which primary anchor applies to Continuing Central Excise after GST?

Central Excise Act and Rules, 2017

Continuing Central Excise after GST

What evidence is needed for Continuing Central Excise after GST?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

Continuing Central Excise after GST

What is the next action for Continuing Central Excise after GST?

Maintain dual-tax maps.

Service-Tax Charge and Classification

What is the Finin2min conclusion on Service-Tax Charge and Classification?

Taxability depends on the period, charging section, negative list/exemption and service facts.

Service-Tax Charge and Classification

Which primary anchor applies to Service-Tax Charge and Classification?

Finance Act, 1994 legacy provisions

Service-Tax Charge and Classification

What evidence is needed for Service-Tax Charge and Classification?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

Service-Tax Charge and Classification

What is the next action for Service-Tax Charge and Classification?

Reconstruct period-specific law.

Point of Taxation and Limitation

What is the Finin2min conclusion on Point of Taxation and Limitation?

Tax point, payment, invoice and extended limitation interact with facts and conduct.

Point of Taxation and Limitation

Which primary anchor applies to Point of Taxation and Limitation?

Point of Taxation Rules and recovery provisions

Point of Taxation and Limitation

What evidence is needed for Point of Taxation and Limitation?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

Point of Taxation and Limitation

What is the next action for Point of Taxation and Limitation?

Prepare event chronology.

Place of Provision and Export of Services

What is the Finin2min conclusion on Place of Provision and Export of Services?

Export status required all period-specific conditions, including place and receipt.

Place of Provision and Export of Services

Which primary anchor applies to Place of Provision and Export of Services?

Place of Provision Rules and exemption framework

Place of Provision and Export of Services

What evidence is needed for Place of Provision and Export of Services?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

Place of Provision and Export of Services

What is the next action for Place of Provision and Export of Services?

Test every statutory condition.

CENVAT Credit Eligibility

What is the Finin2min conclusion on CENVAT Credit Eligibility?

Input, input service, capital goods, nexus, documents and reversals require period-specific analysis.

CENVAT Credit Eligibility

Which primary anchor applies to CENVAT Credit Eligibility?

CENVAT Credit Rules, 2004

CENVAT Credit Eligibility

What evidence is needed for CENVAT Credit Eligibility?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

CENVAT Credit Eligibility

What is the next action for CENVAT Credit Eligibility?

Build invoice and use matrix.

Reverse Charge and Joint Charge

What is the Finin2min conclusion on Reverse Charge and Joint Charge?

Liability depended on service category, provider/recipient status and period notification.

Reverse Charge and Joint Charge

Which primary anchor applies to Reverse Charge and Joint Charge?

Finance Act notifications

Reverse Charge and Joint Charge

What evidence is needed for Reverse Charge and Joint Charge?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

Reverse Charge and Joint Charge

What is the next action for Reverse Charge and Joint Charge?

Use notification-date mapping.

Excise and Service-Tax Valuation

What is the Finin2min conclusion on Excise and Service-Tax Valuation?

Related parties, inclusions, reimbursements and abatement conditions can materially alter tax.

Excise and Service-Tax Valuation

Which primary anchor applies to Excise and Service-Tax Valuation?

Excise valuation and Service Tax Valuation Rules

Excise and Service-Tax Valuation

What evidence is needed for Excise and Service-Tax Valuation?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

Excise and Service-Tax Valuation

What is the next action for Excise and Service-Tax Valuation?

Prepare transaction-value analysis.

Exemptions and Conditional Notifications

What is the Finin2min conclusion on Exemptions and Conditional Notifications?

Exemption conditions are construed through exact text, purpose and evidence.

Exemptions and Conditional Notifications

Which primary anchor applies to Exemptions and Conditional Notifications?

Legacy exemption notifications

Exemptions and Conditional Notifications

What evidence is needed for Exemptions and Conditional Notifications?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

Exemptions and Conditional Notifications

What is the next action for Exemptions and Conditional Notifications?

Create condition-by-condition proof.

Show-Cause Notice and Extended Period

What is the Finin2min conclusion on Show-Cause Notice and Extended Period?

Notice jurisdiction, period, allegation, evidence and quantification bound adjudication.

Show-Cause Notice and Extended Period

Which primary anchor applies to Show-Cause Notice and Extended Period?

Excise/service-tax recovery provisions

Show-Cause Notice and Extended Period

What evidence is needed for Show-Cause Notice and Extended Period?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

Show-Cause Notice and Extended Period

What is the next action for Show-Cause Notice and Extended Period?

Prepare allegation-to-evidence rebuttal.

Penalty, Fraud and Mens Rea

What is the Finin2min conclusion on Penalty, Fraud and Mens Rea?

Penalty standards differ by provision and period; tax confirmation does not automatically settle penalty.

Penalty, Fraud and Mens Rea

Which primary anchor applies to Penalty, Fraud and Mens Rea?

Legacy penalty provisions

Penalty, Fraud and Mens Rea

What evidence is needed for Penalty, Fraud and Mens Rea?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

Penalty, Fraud and Mens Rea

What is the next action for Penalty, Fraud and Mens Rea?

Separate tax, limitation and penalty grounds.

Refund, Rebate and Unjust Enrichment

What is the Finin2min conclusion on Refund, Rebate and Unjust Enrichment?

Limitation, incidence, documents and export evidence drive refunds.

Refund, Rebate and Unjust Enrichment

Which primary anchor applies to Refund, Rebate and Unjust Enrichment?

Central Excise Act s.11B and related rules

Refund, Rebate and Unjust Enrichment

What evidence is needed for Refund, Rebate and Unjust Enrichment?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

Refund, Rebate and Unjust Enrichment

What is the next action for Refund, Rebate and Unjust Enrichment?

Create refund evidence checklist.

State VAT Input Credit and Assessment

What is the Finin2min conclusion on State VAT Input Credit and Assessment?

Credit, declarations, movement and local forms are state- and period-specific.

State VAT Input Credit and Assessment

Which primary anchor applies to State VAT Input Credit and Assessment?

State VAT Acts

State VAT Input Credit and Assessment

What evidence is needed for State VAT Input Credit and Assessment?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

State VAT Input Credit and Assessment

What is the next action for State VAT Input Credit and Assessment?

Retrieve state-period records.

CST Forms and Inter-State Sales

What is the Finin2min conclusion on CST Forms and Inter-State Sales?

Concessional rate and branch transfer depended on statutory forms and transaction substance.

CST Forms and Inter-State Sales

Which primary anchor applies to CST Forms and Inter-State Sales?

CST Act and state rules

CST Forms and Inter-State Sales

What evidence is needed for CST Forms and Inter-State Sales?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

CST Forms and Inter-State Sales

What is the next action for CST Forms and Inter-State Sales?

Prepare declaration-wise ageing.

Commissioner Appeals and CESTAT

What is the Finin2min conclusion on Commissioner Appeals and CESTAT?

Appeal limitation, pre-deposit, statement of facts and grounds require order-specific control.

Commissioner Appeals and CESTAT

Which primary anchor applies to Commissioner Appeals and CESTAT?

Legacy appellate provisions

Commissioner Appeals and CESTAT

What evidence is needed for Commissioner Appeals and CESTAT?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

Commissioner Appeals and CESTAT

What is the next action for Commissioner Appeals and CESTAT?

Build finding-wise appeal grounds.

Pre-Deposit, Stay and Recovery

What is the Finin2min conclusion on Pre-Deposit, Stay and Recovery?

Mandatory pre-deposit and recovery protections depend on period and forum.

Pre-Deposit, Stay and Recovery

Which primary anchor applies to Pre-Deposit, Stay and Recovery?

Legacy appellate provisions

Pre-Deposit, Stay and Recovery

What evidence is needed for Pre-Deposit, Stay and Recovery?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

Pre-Deposit, Stay and Recovery

What is the next action for Pre-Deposit, Stay and Recovery?

Open appeal and treasury workstreams.

GST Transition Credit and Legacy Refunds

What is the Finin2min conclusion on GST Transition Credit and Legacy Refunds?

Legacy credits/refunds entered GST only through specified routes and conditions.

GST Transition Credit and Legacy Refunds

Which primary anchor applies to GST Transition Credit and Legacy Refunds?

CGST Act s.140/142 and transition rules

GST Transition Credit and Legacy Refunds

What evidence is needed for GST Transition Credit and Legacy Refunds?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

GST Transition Credit and Legacy Refunds

What is the next action for GST Transition Credit and Legacy Refunds?

Map outcome to statutory route.

Record Retrieval and Legacy Closure

What is the Finin2min conclusion on Record Retrieval and Legacy Closure?

Closed registrations still require searchable returns, challans, invoices and orders.

Record Retrieval and Legacy Closure

Which primary anchor applies to Record Retrieval and Legacy Closure?

Legacy retention, audit and litigation requirements

Record Retrieval and Legacy Closure

What evidence is needed for Record Retrieval and Legacy Closure?

period-specific law snapshot; returns and challans; invoices and credit registers; show-cause and adjudication file; appeal, deposit and recovery records

Record Retrieval and Legacy Closure

What is the next action for Record Retrieval and Legacy Closure?

Create a legacy data room.