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RoDTEP – A well Conceived & Intended Scheme but Badly Implemented Leading to Confusions

January 8, 2021 4767 Views 0 comment Print

For Promotion of Exports India has Framed various types of Schemes to Rebate or Refund the Taxes. Currently available Schemes are Advance Authorization Scheme, Export Promotion Capital Goods Scheme (EPCG), Duty Drawback, EOU Scheme & SEZ Scheme. All these Export Promotion Schemes were framed under premise of Neutralizing Incidence of Taxes based on Universally Accepted […]

Multi-Pronged Approach to tackle Menace of Fake Invoicing; A Simultaneous Need To Protect Genuine Taxpayers

January 8, 2021 1368 Views 0 comment Print

Gautam Buddha is reported to have said that life is like the harp string, if it is strung too tight it won’t play, if it is too lose it hangs, the tension that produces the beautiful sound lies in the middle. In the matters of administration also, the middle path which prevents the frauds and at the same time does not make […]

Confiscation Order quashed & reduced penalty from Rs. 19 Cr. to Rs. 10000

January 8, 2021 2937 Views 0 comment Print

The Hon’ble Allahabad High Court in M/S Metenere Ltd. v. Union of India and another [Writ Tax No. 360 of 2020 dated December 17, 2020] quashed the order of confiscation of 12,979 metric tonnes of stock, passed by the Additional Commissioner, GST & Central Excise, alleging duty evasion and reduced the penalty from INR 19,43,89,804/- […]

E-Invoicing under GST: A critical analysis

January 7, 2021 4035 Views 1 comment Print

Since, e-invoice has not been defined in the CGST Act, many people has mis-understood the whole concept of e-invoicing and it is believed by many that e-invoicing is generation/ preparation of the invoice electronically on an online portal.

Interest when GST paid within due date but return filed late

January 7, 2021 23460 Views 2 comments Print

Interest not payable if GST return filed belatedly but amount deposited in Cash Ledger within due date? During the inception of GST era and with the nascent GST portal, one of the most popular confusion that conned everyone was, whether payment of GST is completed with deposition of tax amount in Cash Ledger (CL) or […]

Section 83 power should not be used as a tool to harass assessee

January 7, 2021 2964 Views 0 comment Print

It is submitted that for the purpose of passing an order of provisional attachment under Section 83 of the Act, the pendency of the proceedings under Section 62 or Section 63 or Section 64 or Section 67 or Section 73 or Section 74 is a must. In the absence of any such pending proceeding, there cannot be any order of provisional attachment under Section 83 of the CGST Act, 2017.

Who can exercise power under section 83 of CGST Act, 2017

January 7, 2021 2805 Views 0 comment Print

The DB of Gujarat High Court in M/s. Valerius Industries Limited vs Union of India on 28th August, 2019 observed that it is only the opinion of the Commissioner which is condition precedent for taking action under Section 83 of the CGST Act, 2017 for provisional attachment of any property. However, any exercise of powers by any other officer (other than Commissioner) shall be in violation of the mandate of Section 83 and consequently, the provisional attachment shall be illegal.

Exercise section 83 power to Protect Revenue Interest & Not to Ruin Business: HC

January 7, 2021 1764 Views 0 comment Print

[Ref: In the matter of M/s. Bindal Smelting Private Limited vs Additional Director General on 20 December, 2019 before DB of Punjab & Haryana High Court] In In the matter of M/s. Bindal Smelting Private Limited vs Additional Director General on 20 December, 2019 the DB of Punjab & Haryana High Court directed that the power should be exercised only to protect interest […]

How to Furnish Documents in IFF under QRMP Scheme

January 7, 2021 23316 Views 1 comment Print

Invoice Furnishing Facility (IFF) is a facility provided to quarterly taxpayers to file their details of outward supplies in first two months of the quarter. Article contains FAQs on How to Furnish Documents in Invoice Furnishing Facility (IFF) under QRMP Scheme & Manual on Furnishing Documents in Invoice Furnishing Facility (IFF) under QRMP Scheme. A. […]

Receipt in foreign exchange

January 7, 2021 18867 Views 3 comments Print

If authorized dealer receives any foreign payment by way of either remittance or by reimbursement or any other payment shall be in the manner as stated below: Member of Asian Clearing Union (ACU): In case of Bangladesh, Myanmar, Pakistan, Sri-Lanka and Maldives: Payment should be made by credit to ACU Dollar account and ACU Euro […]

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