Copyright © 2014-2021 | All Right Reserved | VJM & Associates LLP
Central Goods and Service Tax Act, 2017 provides power to attach property of the defaulting taxpayer to protect the interest of the revenue. However, in many cases such power is exercised by the government official in undue cases or property is kept attached for a long time causing undue hardship to the taxpayers.
The Hon’ble Madras High Court held that Section 74(5) of CGST Act does not provide for advance payment of GST when final GST liability is not determined. Hence no GST liabilities during investigation can be demanded by any GST authority.
Hon’ble High Court mentioned that the Central Authority initiated the proceedings for the period of July, 2017 to June, 2018 and State authority covered the period of March, 2018. Since, period of was overlapping, Hon’ble high court of Orissa quashed the SCN and Order issued by State GST Authority.
the Central Board of Indirect Taxes and Customs (“CBIC”) has issued the instruction/Guidelines vide Instructions No. 01/2020-21 [GST-Investigation] dated 02.02.2021 wherein it is specified that instructions given under Central Excise Intelligence and Investigation Manual (2004) holds goods even under GST.
CBIC highlighted that detailed procedures are provided for processing of Department ligitations. However, such procedures are not being followed seriously and therefore, delayed departmental appeals/petitions are filed before the Hon’ble Courts
Even if the department send the Show Cause Notice and Demand order through mail and the assessee has complete knowledge of the same, still such communication shall not be considered as valid as it is not done according to Rule 142 of CGST Rules.
Maintenance of books of accounts in any business is one of the most crucial things as it records each and every transaction of company and reflects financial position of the company such as whether company is making profit or incurring losses, assets held by company, liabilities of the company etc. Therefore, for every statutory compliance purpose such as Companies Act, 2013, Goods & Service Tax Act and Income Tax Act, books of accounts is a pre-requisite. In this article, we will have a look at the requirement of different laws related to the maintenance of books of accounts. 1. Books
Various communication such as notices, assessment orders, summons etc. are issued by Central Board of Indirect Taxes (“CBIC”) to taxpayers. However, as there is no online tracking of trail of such communications, taxpayer faces various issues such as issuance of notices on back date, reply or response by taxpayers are not considered by department officers in their records, unable to check genuineness of notice etc. Therefore, CBIC is introducing concept of mentioning Unique Document Identification Number (“DIN”) on every communications from CBIC to taxpayers andother concerned persons. To keep objective of transparency and accountability, vide circular No. 122/41/2019-GST dated 5
Judgment of Hon’ble Allahabad High Court in the matter of M/s Govind Enterprises Vs. State of U.P. and other has analyzed sustainability of FIR lodged for prosecution under Indian Penal Code for an offence committed under Central goods and Service Tax Act. Hon’ble high court has held that Section 131 of GST law impliedly save provisions of Indian Penal Code.
Leave your Name, email, Phone number along with what you are looking for in message box or you can call us at 011-41715118
V J M & Associates LLP