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Show Cause Notice Under GST Act 2017 – An Analysis

February 26, 2021 68916 Views 0 comment Print

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 […]

Tax liability on supply of CNG from retail outlet under GST regime

January 25, 2021 42024 Views 0 comment Print

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 […]

Tax liability under section 73 & 74 of CGST Act 2017- Analysis

December 11, 2020 431058 Views 0 comment Print

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

November 30, 2020 35655 Views 0 comment Print

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 […]

Analysis of Provisions of Rectification of Error under GST

November 17, 2020 69762 Views 4 comments Print

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, […]

Scope of first appeal under GST act

November 6, 2020 19047 Views 0 comment Print

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.

Adjustment and Withholing of Refund under GST Act

October 29, 2020 16743 Views 0 comment Print

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 Tax Authorities Under GST Act

October 16, 2020 11115 Views 0 comment Print

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.

Analysis of Provisional Assessment Under GST Act

October 9, 2020 16227 Views 1 comment Print

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.

Assessment of Non-Filers of Returns under GST Act

October 2, 2020 43398 Views 5 comments Print

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.

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