1. Issue of show cause notice for giving sufficient and meaningful opportunity of hearing , is the essential precondition for every adjudication proceeding . In fact show cause notice is statutory requirement which should be complied with to satisfy principle of natural justice. It is foundation of matter of levy of tax , interest and […]
In this article issue of tax liability on supply of compressed natural gas (CNG) from retail outlet under GST regime has been discussed with special reference to Maharashtra state. Dealer is running CNG pump and being it is retail outlet, all sales are made to the customers who are unregistered dealers under Mvat act. It […]
Analysis of provisions of determination of tax liability under section 73 and 74 of CGST Act, 2017 Section 73 and 74 of CGST act deals with determination of tax liability and adjudication of case in respect of normal and fraud/ suppression case respectively. In this article we will discuss provisions of section 73 and 74 […]
Implications of Unauthorised Collection of Tax & Non Payment of Tax Collected under Section 32 & 76 of CGST Act Section 32 of CGST ACT prohibit to persons to collect unauthorised collection of tax . Section 76 mandates that every persons should pay any amount collected by person as tax to the the Government forthwith […]
Under GST act various provisions has been made such as, levy and collection of tax, registration, returns, Input Tax Credit, payment of tax, refund, assessment, audits, determination of tax liability, demand and recovery, appeal etc. Accordingly, appropriate proceedings are initiated by the proper officers either on his own motion or on application of registered person, […]
It is provided in section 107 (1) that any aggrieved person by decision or order passed under the act by adjudicating authority may file appeal to the Appellate Authorities prescribed in the act. Similarly, as per section 107 (2) of the act authorised officer, on direction of Commissioner may make an application to such Appellate Authority, in case order is prejudicial to the interest of revenue.
INTRODUCTION Section 54 of CGST act provides for grant of refund to any person of any tax and interest if any or any other amount paid by him subject to provision of the act and rules to any person. However, during the course of sanctioning refund, sometimes, refund is adjusted to the outstanding demand under […]
Audit by departmental authority is not new concept. It was already in existing in the existing laws. GST tax regime relies on self assessment and self compliance. In order to promote and ensure compliance of law by taxable person, Audit Mechanism has been introduced under GST act. There are three types of audit.
Under GST act , main thrust is on self compliance. Therefore , self assessment has given great importance in the scheme of the act. It is specifically provided in section 59 that every registered person should self assess his tax liability as per provision of act and after payment of such tax, and furnish valid return for each tax period , as specified in section 39 of the act.
Under Scheme of CGST act, persons who are to liable for registration requires to obtain registration. Every registered person, has to determine his tax liability by making self-assessment, and after making of payment of tax, is required to furnish correct and complete prescribed returns, as per provisions of the act and rules.