Understand the recovery of interest without adjudication under GST. Learn about the provisions and procedures for tax recovery in the CGST Act.
Honorable Apex Court, in it’s judgment, in Para 10(iv) says as under: All defenses which may be available to the assesses including those available under section 149 of the IT Act and all rights and contentions which may be available to the concerned assessee and Revenue under the Finance Act, 2021 and in law shall continue to be available.
RELEVANT STATUTORY PROVISIONS Section 83: Provisional attachment to protect revenue in certain cases.— (1) Where during the pendency of any proceedings under section 62 or section 63 or section 64 or section 67 or section 73 or section 74, the Commissioner is of the opinion that for the purpose of protecting the interest of the […]
RELEVANT STATUTORY PROVISIONS Section 5. Powers of officers under GST.— (3) The Commissioner may, subject to such conditions and limitations as may be specified in this behalf by him, delegate his powers to any other officer who is subordinate to him. Section 167. Delegation of powers.— The Commissioner may, by notification, direct that subject to […]
Director General of GST Intelligence (in short DGGI) usually conducts inspection, search operation in any places of taxable persons by virtue of its power u/s 67 of CGST Act and also collect intelligence based informations pertaining to taxable persons.
RELEVANT STATUTORY PROVISIONS Section 69- Power to arrest (1) Where the Commissioner has reasons to believe that a person has committed any offence specified in clause (a) or clause (b) or clause (c) or clause (d) of sub-section (1) of section 132 which is punishable under clause (i) or (ii) of sub-section (1), or sub-section […]
On reading of the foregoing provisions, it emerges that section 50(1) has applicability in situation i) where tax is liable to be paid and ii) such person has failed to pay either full or part thereof. It further emerges that Interest shall be paid for the default period i.e for the period for which the tax or any part thereof remains unpaid.
Section 136 of CGST Act carved out certain circumstances under which statements given could be made relevant for the purpose of proving in any prosecution of an offence under the Act and but otherwise. The circumstances listed out are: The person who has given statement is i) dead/ not found/ incapable/ kept out etc. ii) has been examined in a court and court is opinion that such statement should be admitted.
The statutory provisions for the income in the nature of ‘Interest received on compensation or on enhanced compensation’ were brought to Income Tax by the Finance Act’ 2009. When these provisions were introduced, the Memorandum explaining the provisions of the Finance Bill 2009 had this to say:
The Government of India has made changes in the GST provisions by making amendments in the Act itself vide Notification No. 02/2019 – Central Tax dated 29.01.2019 and made 01.02.2019 as the effective date for such changes. An attempt has been through this article to analyze the changes made by the CGST (Amendment) Act 2018 […]
