bhushanbjain – Page 4 – Sailesh Bhandari & Associates

Demand & recovery (chapter xv)

Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilized for any reason other than fraud or any willful- misstatement or suppression of facts Under Section 73 of the Goods and Services Tax (GST) Act, 2017, “Determination of tax not paid or short paid or erroneously

Payments of tax and other amounts in instalments (under section 80) under GST Act, 2017

Section 80 of the CGST Act, 2017, empowers the Commissioner to allow a taxpayer to pay their GST liabilities and other amounts due in instalments, subject to certain conditions. Here’s a breakdown: Who can avail this facility under GST Act, 2017? What can be paid in instalments under GST Act, 2017? What are the conditions

Recovery through court.

“Recovery through court” refers to the legal process of utilizing the court system to retrieve something owed or lost, such as money, property, or specific rights. It typically involves filing a lawsuit, presenting evidence, and having a judge issue a ruling in your favor. Here’s a breakdown of the key aspects: Situations where it’s used

PROHIBITION ON SALE OF HOLIDAYS

The prohibition against sale on holidays under the GST Act, 2017, is covered by Rule 149 of the Central Goods and Services Tax (CGST) Rules, 2017. Here’s a breakdown: What it prohibits under GST Act, 2017: What it doesn’t prohibit under GST Act, 2017: Additional points under GST Act, 2017: EXAMPLE FAQ QUESTIONS The Goods

DEMANDS AND RECOVERY

In India, the “Notice and Order for Demand of Amounts Payable under the Act” refers to a specific procedure laid out in Rule 142 of the Central Goods and Services Tax (CGST) Rules, 2017. This rule empowers the designated tax authorities (known as “proper officers”) to demand payment of any dues related to Goods and

INSPECTION AND VERIFICATION OF GOODS

Inspection and verification of goods under the Goods and Services Tax (GST) Act, 2017, refers to the power granted to authorized officers to ensureGST Act, 2017 compliance with the Act’s provisions. These powers aim to prevent tax evasion, misdeclaration of goods, and other illegal activities involving goods movement. Here’s a breakdown of the key aspects

E- WAY RULES

Information to befurnishedprior to commencement of movement of goods and generation of e-way bill. Under the GST Act, 2017, specific information needs to be furnished before generating an e-way bill for moving goods, irrespective of whether it’s related to a supply or not. This information is divided into two parts: Part A and Part B.

Recovery of credit wrongly availed

Recovery of credit wrongly availed refers to a situation where a business has mistakenly claimed a tax credit that they weren’t eligible for. This can happen due to various reasons, such as: When tax authorities discover wrongly availed credit, they have the power to recover the claimed amount along with interest and potentially impose penalties.

TRANSITIONAL PROVISIONS

TAX OR DUTY CREDIT CARRIED FORWARD UNDER ANY EXISTING LAW OR ON GOODS HELD IN STOCK ON THE APPOINTED DAY The concept of “tax or duty credit carried forward under any existing law or on goods held in stock on the appointed day” under the GST Act, 2017 pertains to the transitional provisions implemented during

APPEAL TO THE HIGH COURTS SEC117 (10FEB)

Eligibility: Procedure: Key Considerations: Additional Notes: EXAMPLE Specific State of India: It’s important to remember that GST laws and procedures can vary slightly between states in India. Therefore, you must ensure your appeal adheres to the specific rules and formats prescribed by the High Court in your state. This includes details like the prescribed form