The GST Act,2017 has given enormous power in the hand of GST Officers ,even to arrest person evading tax or claiming fake input tax or in case of fraud.
In the administration of taxation, the provisions for arrests are created to tackle certain situations raised by some unscrupulous tax evaders. Arrest provisions may appear to be very harsh but these are necessary for efficient tax administration and also act as a deterrent and instil a sense of discipline.
The Hon'ble Supreme Court in Union of India & Anr. v. M/s Mohit Minerals Pvt. Ltd.[Civil Appeal No. 1390 of 2022 dated May 19, 2022] upheld the judgement given by the Hon'ble Gujarat High Court to hold that no IGST is payable on ocean freight under Reverse Charge Mechanism ("RCM") for Cost, insurance, and freight ("CIF") imports as Indian importer is liable to pay IGST
The revenue of GST is increasing continuously and for this the business, industry and government of India deserves congratulations but at the same time there is no reduction in the problems of tax payers and professionals and the government should now pay attention to them
The Indicative list of Parameters introduced by CBIC vide Instruction No. 02/2022-GST dated 22.3.2022 in Standard Operating Procedure (SOP) for Scrutiny of returns u/s 61 of CGST Act read with Rule 99 of CGST Rules for F.Y. 2017-18 and F.Y. 2018-19 are enumerated hereunder:
In this article, the author has provided draft contentions that can be used to defend this query of the department.
In a dispute concerning e-waybill, recently Hon'ble Gujarat High Court ruled in favor of taxpayer in the case of Dhabriya Polywood Limited Vs Union of India. In this case, everything was correct like invoice, e-waybill etc. except a small mistake of selecting wrong ODC type of vehicle in the e-waybill.
On 6th May, 2022, The Hon'ble Gujarat HC delivered a 'soothing to the sight' of developers and builders judgement in case of MUNJAAL MANISHBHAI BHATT VERSUS UNION OF INDIA 2022 (5) TMI 397 wherein it has in principal addressed to two issues of GST on Real Estate.
The Tax Identification Number, now known as the GSTIN is a 15 digit unique code that is assigned to every business that registers itself under the GST. You can apply for a GSTIN by registering for GST which is a cost-free process facilitated by the Government of India.
Important clarifications/ amendments issued by the Government on GST in April 2022 along with compliance timelines in May 2022
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