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Instructions regarding rectification of assessment orders under GST| Department of Trade and Taxes, Delhi
Notification
CA. Sachin Jindal

Instructions regarding rectification of assessment orders under GST| Department of Trade and Taxes, Delhi

GST Assessments, u/s 73, are already closed for FY 2017-18 and the due date of issuance of order for FY 2018-19 is 30th April, 2024. In many of the Assessment orders, the taxpayers have faced genuine hardship such as as the Assessment orders passed are not the speaking one or assessment orders contain clerical mistakes causing unnecessary increase in demand amount.

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16/04/2024
GST Authorities can’t transgress the boundaries of the Show Cause Notice
Judgements
CA. Sachin Jindal

GST Authorities can’t transgress the boundaries of the Show Cause Notice

The Petitioner received an order for imposition of penalty. Show Cause notice was issued on the ground that the vehicle was traveling to a destination not mentioned in the invoice. However, while issuing the order, the appellate authority has imposed a penalty on a different ground.Hon’ble High Court held that “Show Cause Notice” serves as a vital checkpoint which defines the boundaries within which any authority can operate. Show cause notice is an initial document which impose allegations or discrepancies on the taxpayer and provide an opportunity to the taxpayer to present their side of the story. Any action beyond the scope defined in SCN not only undermines the legitimacy of the authority but also compromises the rights of the individuals or entities involved.

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12/03/2024
GST Portal may facilitate revision of GST returns
Returns
CA. Sachin Jindal

GST Portal may facilitate revision of GST returns

Concept of revision of Tax returns is a very usual and vital part of the tax system as it allows taxpayers to rectify unintentional errors made while filing tax returns. Every tax system including income tax provides a facility to revise tax returns upto specified time period. Under pre-GST regime as well, taxpayers were available with the option file revised VAT, Central Excise and Service Tax return. However, Goods and Service Tax has not yet provided that facility to revise GST returns to the taxpayers. 

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07/02/2024
Reasons of issuance of Show Cause Notice (DRC-01) under GST
News and Announcements
CA. Sachin Jindal

Reasons of issuance of Show Cause Notice (DRC-01) under GST

Assessments under GST are going on and businesses across the countries are immersed with Show Cause Notices being issued on various grounds. Show Cause Notice under GST are issued in Form DRC-01 and the process is going on from the last 2-3 years. However, what has triggered the issuance of SCN at such a large scale in the last 4-5 months? Reason for the same is Section 73(10) of CGST Act, 2017. Section 73(10) specifies time line for determination of tax not paid or short paid or Incorrect ITC Claimed.

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22/01/2024
GST is payable on sub-licensing of the software by the Indian Subsidiary to the end-user
Judgements
CA. Sachin Jindal

GST is payable on sub-licensing of the software by the Indian Subsidiary to the end-user

M/s AVEVA Software Private LImited (“The Applicant”) is a subsidiary of AVEVA Plc. AVEVA Group has a Central Hub, located outside India, which is an IP Owner and manages and grants the license of the AVEVA software products to the group entities. Such entities further sub-licence the same software to the end user on his own account (i.e., in his own capacity without acting as a agent). The Applicant receives the sub-licensing fees from the end user. In turn, the applicant pays operating fees to the Central Hub on quarterly basis after retaining the he cost and guaranteed margin from the value of sales. In case,  the Applicant is unable to retain the agreed cost and guaranteed margin, the Central Hub makes a payment to ensure that the Applicant retains the guaranteed margin. 

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19/09/2023
Takeaways from 48th GST Council Meetings 
Council Meetings
CA. Sachin Jindal

Takeaways from 48th GST Council Meetings 

In the 48th GST Council meeting, the GST council suggested changes in GST rates of certain products, clarified GST rates applicable, decriminalization of certain offenses under GST, rationalization of GST provisions, etc.

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19/12/2022
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