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Guidelines For Arrest and bail under GST law
Inspection, Search and Seizure and Arrest
CA. Sachin Jindal

Guidelines For Arrest and bail under GST law

Guidelines For Arrest and bail under GST law – the GST Investigation Wing has examined the judgment and issued guidelines related to Arrest and Bail in relation to offenses punishable under CGST Act, 2017.

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GST Amendments as recommended in 47th GST Council Meeting
Council Meetings
CA. Sachin Jindal

GST Amendments as recommended in 47th GST Council Meeting

47th GST Council meeting held on 28th June and 29th June 2022, GST Council recommended various amendments in GST Rate on goods and services to streamline GST refund due to inverted duty structure, removed various exemptions on goods and services, suggested changes to facility smooth trade operations. To give effect to GST amendments suggested by GST Council, CBIC has issued various notifications and circulars.

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ITC is not eligible on expense incurred on CSR Activities
Judgements
CA. Sachin Jindal

ITC is not eligible on expense incurred on CSR Activities

The power conferred under Rule 86A is very drastic. Power under Rule 86A should be invoked only if fraudulent ITC or ineligible ITC has been claimed by the assessee and the authority has recorded the reasons for the same in writing.

The authority is bound to record the reasons of invoking Rule 86A in writing and communicate such reasons to the assessee. On receipt of such reasons, the assessee is entitled to make his submission/objection requesting for lifting.

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Rule 86A can’t be invoked without communicating reasons of invoking rule 86A to the assessee
Judgements
CA. Sachin Jindal

Rule 86A can’t be invoked without communicating reasons of invoking rule 86A to the assessee

Hon’ble High Court held that power conferred under Rule 86A is very drastic. Power under Rule 86A should be invoked only if fraudulent ITC or ineligible ITC has been claimed by the assessee and the authority has recorded the reasons for the same in writing. In this matter, Hon’ble High Court relied on precedence of apex court in the matter of GKN Driveshafts (India) Limited Vs. ITO reported in (2003) 259 ITR 19 (SC) wherein it was held that in case of reopening of assessment under Section 143(3) of Income Tax Act,  the assessee should be afforded an opportunity of hearing and he is entitled to know the reasons for reopening and is also entitled to object to such reopening done by the Assessing Officer. Same analogy is applicable in the given case also, the authority is bound to record the reasons of invoking Rule 86A in writing and communicate such reasons to the assessee. On receipt of such reasons, the assessee is entitled to make his submission/objection requesting for lifting.

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Clarification Regarding Extension Of Limitation Under CGST Act
News and Announcements
CA. Sachin Jindal

Clarification Regarding Extension of Limitation Under CGST Act

The GST Policy Wing of the Government of India passed a set of notifications under S.168A of the CGST Act, 2017 whereby the time limits and limitation period of various activities and actions of different authorities on multiple issues were specified and extended to certain dates based on the nature of the activity.

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Quarterly Return And Monthly Payment |QRMP Scheme
Returns
CA. Sachin Jindal

Quarterly Return and Monthly Payment |QRMP Scheme

In this article we will discuss, about QRMP scheme issued by the Central Board of Indirect Taxes & Customs (CBIC) under Goods and Services Tax (GST) which help small taxpayers whose turnover upto Rs.5 crores. The QRMP scheme provides to the taxpayers to file a return GSTR-3B on a quarterly basis and pay tax every month.

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