Find out the detailed explanation of the provisions related to Assessment, Audit under the dual GST Law for the efficient tax administration from the presentation. Give it a read and we would love to know your feedback!
Show Cause Notices, Adjudication & Introduction to Appeals under GSTGST Law India
This presentation gives a detailed information on show cause notices, reply to SCN, identification of deficiencies in SCN, the scope of writ, the procedure for adjudication under GST and lastly how to file appeal - drafting, its effect, and remedy.
One of the fundamental features of GST is the seamless flow of input credit across the chain and across the country for supply of Goods or Services. Know more about ITC under GST at https://cleartax.in/s/gst-input-tax-credit/
Overview of Returns in GST, steps to file returns in GST India, Number of returns in GST, Due date for filing returns in GST India, Late Filing Fee in GST, Procedure to File Returns in GST etc.
GST returns types, applicability of returns with due date to different assessees, CGST, IGST, SGST, Returns for regular Dealer, Composition Dealer, Annual return,Monthly return, Quarterly Return
Assessments Audit Penalties and Prosecution under GST LawAmit Mundhra FCA
This presentation covers the provisions related to assessments, audit, penalties, prosectuion and show cause notice provisions under GST laws updated upto 31-05-2017
Show Cause Notices, Adjudication & Introduction to Appeals under GSTGST Law India
This presentation gives a detailed information on show cause notices, reply to SCN, identification of deficiencies in SCN, the scope of writ, the procedure for adjudication under GST and lastly how to file appeal - drafting, its effect, and remedy.
One of the fundamental features of GST is the seamless flow of input credit across the chain and across the country for supply of Goods or Services. Know more about ITC under GST at https://cleartax.in/s/gst-input-tax-credit/
Overview of Returns in GST, steps to file returns in GST India, Number of returns in GST, Due date for filing returns in GST India, Late Filing Fee in GST, Procedure to File Returns in GST etc.
GST returns types, applicability of returns with due date to different assessees, CGST, IGST, SGST, Returns for regular Dealer, Composition Dealer, Annual return,Monthly return, Quarterly Return
Assessments Audit Penalties and Prosecution under GST LawAmit Mundhra FCA
This presentation covers the provisions related to assessments, audit, penalties, prosectuion and show cause notice provisions under GST laws updated upto 31-05-2017
OBJECTIVE
Goods and Services Tax (GST) is an Indirect Tax levied in India introduced in July, 2017 which was one of the most important reforms in the Indian Economy. Timely refund mechanism is essential in tax administration, as it facilitates trade through the release of blocked funds for working capital, expansion and modernisation of existing business. In this webinar, we shall be learning the procedural aspects of refund under GST law.
The following Presentation enumerates the various provisions w.r.t. ITC, how it can be used,eligibilty and conditions for claiming ITC along with various case studies and illustrations. further, it elaborates the concept of input service distributor.
Find out the detailed explanation of the provisions relating to Input Tax Credit under the dual GST Law from the presentation . Give it a read and we would love to know your feedback!
Find out the detailed explanation of the provisions related to Offences and Penalties under the dual GST Law for the efficient tax administration from the presentation. Give it a read and we would love to know your feedback!
GST is a vast subject. Some feel that the goods rates have increased whereas some feel its reduced & some are confused thinking that how are they benefited from the implementation of GST
Every assessee earning more than the basic exemption are eligible to seek deduction from Gross Total Income by way of deductions allowed for investments or payments made, under Chapter VI-A of the Income Tax Act. Chapter VI-A helps an assessee to reduce the overall tax burden to the extent of investment and expenses made within the ambit of law and fulfilemt of prescribed conditions. In this Webinar, we shall be focusing on the provisions of Chapter VI-A which are essential for Individuals, HUF and Firms for the purpose of claiming deductions against their total income.
OBJECTIVE
Goods and Services Tax (GST) is an Indirect Tax levied in India introduced in July, 2017 which was one of the most important reforms in the Indian Economy. Timely refund mechanism is essential in tax administration, as it facilitates trade through the release of blocked funds for working capital, expansion and modernisation of existing business. In this webinar, we shall be learning the procedural aspects of refund under GST law.
The following Presentation enumerates the various provisions w.r.t. ITC, how it can be used,eligibilty and conditions for claiming ITC along with various case studies and illustrations. further, it elaborates the concept of input service distributor.
Find out the detailed explanation of the provisions relating to Input Tax Credit under the dual GST Law from the presentation . Give it a read and we would love to know your feedback!
Find out the detailed explanation of the provisions related to Offences and Penalties under the dual GST Law for the efficient tax administration from the presentation. Give it a read and we would love to know your feedback!
GST is a vast subject. Some feel that the goods rates have increased whereas some feel its reduced & some are confused thinking that how are they benefited from the implementation of GST
Every assessee earning more than the basic exemption are eligible to seek deduction from Gross Total Income by way of deductions allowed for investments or payments made, under Chapter VI-A of the Income Tax Act. Chapter VI-A helps an assessee to reduce the overall tax burden to the extent of investment and expenses made within the ambit of law and fulfilemt of prescribed conditions. In this Webinar, we shall be focusing on the provisions of Chapter VI-A which are essential for Individuals, HUF and Firms for the purpose of claiming deductions against their total income.
Assessments take place under Delhi VAT in various forms such are scrutiny assessments, audit, mismatch etc. The relevant law is being reproduced for the benefit of the practitioners.
Scrutiny & audit under GST - Dr Sanjiv AgarwalD Murali ☆
Scrutiny & audit under GST - Dr Sanjiv Agarwal - Article published in Business Advisor, dated December 10, 2016 - http://www.magzter.com/IN/Shrinikethan/Business-Advisor/Business/
Find out the detailed explanation of the provisions related to Filing of returns under the dual GST Law for the efficient tax administration from the presentation. Give it a read and we would love to know your feedback!
OBJECTIVE
Customs duty is an indirect tax, which is a tax on the goods and not a tax on the person having or owning the goods.In this webinar, we shall know when an assessment can be made and when shall an appeal be made before a commissioner, High Court and Supreme Court.
OBJECTIVE
Goods and Services Tax (GST) is an Indirect Tax levied in India introduced in July, 2017 which was one of the most important reforms in the Indian Economy. Timely refund mechanism is essential in tax administration, as it facilitates trade through the release of blocked funds for working capital, expansion and modernisation of existing business. In this webinar, we shall understand and analyse the provisions related to Refund under the GST law.
Taxation ii (covering FA -2016) part-2 ICAB Application Level
Taxation ii (covering FA -2016) part-2 ICAB Application Level
Taxation ii (covering FA -2016) part-2 ICAB Application Level
Taxation ii (covering FA -2016) part-2 ICAB Application Level
Taxation ii (covering FA -2016) part-2 ICAB Application Level
Get Refund, Appeal and Revision under Income Tax | Academy Tax4wealthAcademy Tax4wealth
If you are looking for refund, appeal and revision under Income Tax, Academy Tax4wealth provides the right procedure to find it. For more information join us.
For more information, visit us at:-
https://academy.tax4wealth.com/blog/refund-appeal-and-revision-under-income-tax
A voluntary dispute resolution scheme called as Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019 has been introduced by the Government for resolution of the Legacy disputes under Central Excise, Service Tax etc. (Incorporating clarification and procedure vide Circular 1071/4/2019-CX8. dated 27/08/2019)
As GST settle in are a day to day life, and taxpayers get ready to upload all there returns. That is soon to be followed by the Assessment and appeal proceedings. A presentation of all you need to know about the dispute resolutions-appeals and revisions, demand and recovery. Also, in particular slides added the funny side of the provisions(red).
Similar to Provisions related to Assessment, Audit, Demand and Recovery under GST (20)
GST TRAINING ON VARIOUS CONCEPTS OF GST-2GST Law India
This presentation enumerates about Composition Scheme under GST, registration under GST and composition scheme, invoicing, filing of returns through various forms and payment of tax under GST.
GST TRAINING ON VARIOUS CONCEPTS OF GSTGST Law India
This presentation enumerates the constitutional aspect of GST with amendments, GST levy on goods and services in inter-state and intra-state supply, what is supply, types of supply, the supply of goods or services, persons liable to pay tax under GST, taxable and distinct persons under GST and reverse charge mechanism under GST.
Case Studies of Place of Supply Including Exports-Imports and RefundsGST Law India
the following presentation enumerates a brief study on GST in case of Cross-border Air Travel, work contracts, Hotel Accommodation, Event Organization ,Immovable Property – Place of Supply & ITC Eligibility, Cross-Border Logistic Services, Cross-Border Intermediary Services, Whether Foreign Company can procure goods from India on Bill to-Ship to basis where ship to Location is India, Supply of FOC promotional material to related and unrelated parties outside India, Use of Trademark owned by Foreign-Related Company, Refund of unutilized credit accumulated due to inverted duty structure and lastly Refund of unutilized credit on zero-rated supply
concept of input tax and input service distributorGST Law India
This presentation provides a detailed information on input tax credit, when and in which manner ITC could be taken, restrictions in taking ITC, reversal, transfer, utilization of ITC and about input service distributor under GST.
Composition Scheme Registration Invoicing Returns Payment of Tax under GST.GST Law India
The following presentation focuses on Composition Scheme under GST, how Registration under composition scheme is to be done, invoicing, filing of returns and how is to be paid under this scheme.
Refunds under GST & Impact of GST Audit on Statutory/ Tax AuditsGST Law India
The following presentation enumerates how to claim refund under GST and also auditing mechanism such as auditing by a chartered accountant, taxing authorities and special audit under GST. The presentation also details out the treatment of zero rated supplies and deemed export.
This presentation enumerates a detailed study on the need of GST, concept, benefit, constitutional provisions and amendments, important definitions and how goods and services will be taxed under GST and how to take refund of tax paid through ITC.
The following presentation enumerates E-way Bill -jurisprudence, the constitutional validity of E-Way bill, governing sections, modes of e-way bill generation, registration, validity, verification, offenses, and penalties. It also states about grievance redressal and documents to be carried during movement.
GST AUDIT and its Impact on Statutory Audit/Tax AuditGST Law India
The following presentation enumerates the Auditor’s Comments on the correctness of Valuations including transaction value, Section 15 provisions, Valuation Rules, Value of supply of services in case of pure agent, Reimbursement of expenses and Margin scheme and other special valuations.
Issues in Export & Import of Goods & Services vis-a-vis Foreign Trade PolicyGST Law India
The following presentation enumerates various issues related to import and export of goods under GST like modes of exports, zero-rated supply, supplies to SEZ and others, how to claim refund of ITC and IGST by using different forms. Further, it deals with methods to rectify mistakes in the respective refund forms under GST.
VALUATION OF STOCK TRANSFER,JOB WORK, E-WAY BILL UNDER GSTGST Law India
The following presentation enumerates how valuation is to be done during inter-unit transactions especially during stock transfer, job work and e-way bill along with their tax treatment under GST.
Real estate transactions Under taxing lawGST Law India
The following presentation enumerates the taxing structure for real estate transactions and gst rates along with a comparison of the previous tax structure with the present structure under GST. it also discusses service tax on work contracts, service tax on renting, credit linked subsidy scheme, valuation of taxable supply, input tax credit, exemptions for builders, housing society.
Enrolment of existing taxpayers under GSTGST Law India
Greetings from GST Law India!
Goods and Service Tax (GST) is now a near reality and government is making fast moves for implementing it from the proposed date of 1st of April 2017.
W.e.f. 08.11.2016, the GST Network has initiated GST migration/ enrollment proceedings of existing taxpayers under the current Indirect tax regime to the GST portal.
Please find attached herewith a brief presentation on the process of migration/ enrollment as well as the paramount considerations during the whole migration activity.
It is noteworthy, that paramount consideration at this juncture must be to determine the nature of registration and optimum locations for registration in terms of present and future business transactions as separate registrations shall be required at each state from where supply of goods/ services are being made.
Find out the detailed explanation of the provisions related to E-commerce under the dual GST Law for the efficient tax administration from the presentation. Give it a read and we would love to know your feedback!
Basic Concept of Goods and Services Tax (CGST,SGST,IGST,Levy and Exemption)GST Law India
Find out the detailed explanation of the basic concept and overview of CGST, SGST, IGST under the dual GST Law for the efficient tax administration from the presentation. Give it a read and we would love to know your feedback!
Find out the detailed explanation of the provisions related to Place of Supply under the dual GST Law for the efficient tax administration from the presentation. Give it a read and we would love to know your feedback!
Find out the detailed explanation of the provisions related to registration under the dual GST Law for the efficient tax administration from the presentation. Give it a read and we would love to know your feedback!
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
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How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
4. ASSESSMENTS UNDER GST
TYPES OF ASSESSMENT
Self Assessment
(Section 44)
Provisional
Assessment
(Section 44A)
Scrutiny
Assessment
(Section 45)
Best Judgment
Assessment
Assessment of non filers of
returns (Section 46)
Assessment of unregistered
persons (Section 47)
Summary
Assessment in
certain special
cases (Section 48)
5. SELF-ASSESSMENT (Section 44)
• Purpose
Ease of assessment procedure for Registered taxable person
• Procedure
Registered taxable person shall
himself assess the taxes payable under this act; and
furnish a return for each tax period (Returns u/s 27)
Explanation: That on return of good within 06 months from the date of invoice,
the tax payable shall be equal to the amount of ITC claimed.
Illustration: Goods worth Rs.1000 are supplied by A to B on 15th May, 2017 on
which SGST of Rs.110 and CGST of Rs.100 are charged. B returns goods worth Rs.500
from this consignment to A on or before 14th November, 2017 then B will have to add
Rs.55 and Rs.50 on account of SGST and CGST respectively to his output liability in
respect of the month of November, 2017.
6. PROVISIONAL ASSESSMENT (Section 44A)
Purpose
Provisional assessment applies where the taxable person is unable to determine the
value of goods/ services; or determine the rate of tax applicable on supply
Procedure
Taxable person will submit a request to the proper officer in writing giving reasons for
payment of taxes on provisional basis; upon receipt of which proper officer may allow
payment of tax on provisional basis at such rate or value as specified by him;
Taxable person is required to execute a bond and may also be required to execute
surety or security as proper officer deems fit.
Proper officer shall pass the final assessment order within the period not exceeding 6
months; period may be extended either by Joint/ Additional commissioner (a further
period not exceeding six months) or by Commissioner (for such further period as he
may deem fit) on sufficient cause and for reasons recorded in writing.
Interest
Interest applicable on additional tax amount payable pursuant to the final assessment
order, at the rate specified in section 36(1). In case of tax refund, interest on such
refund shall be paid as provided under Section 39.
7. SCRUTINY ASSESSMENT (Section 45)
Cases where satisfactory explanation to discrepancies are submitted
Purpose
Scrutiny of a filed return (and related particulars) by a proper officer to verify its
correctness
(Related particulars would primarily mean invoice wise details of inward and outward
supplies along with commodity codes.)
Procedure
In case of discrepancy, proper officer shall inform the taxable person of such
discrepancies noticed and seek his explanation
In case explanations are found acceptable, the taxable person shall be informed and
no further action is taken
8. SCRUTINY ASSESSMENT (Section 45)
Cases where no satisfactory explanation to discrepancies are submitted
If:
– satisfactory explanation is not furnished within 30 days of the date of informing
the taxable person (or further period as permitted to him); or
– taxable person accepts discrepancy but fails to take corrective action within a
reasonable period
• proper officer may initiate appropriate action including those under Section
49 (Audit by Tax Authority), 50 (Audit by CA or Cost Accountant) or
Section 60 (Power of inspection, search and seizure), or
• proceed to determine tax under section 51A(6) (determination of tax not
paid/ short paid/ erroneously refunded etc – Non Fraud case) or Section
51B(6) (determination of tax not paid/ short paid/ erroneously refunded etc
– Fraud case)
9. BEST JUDGEMENT ASSESSMEMNT
Assessment of non filers of returns (Section 46)
Purpose
To assess the tax liability of taxable person who failed to furnish the prescribed
return under Section 27, 31 or 32
Procedure
Where registered taxable person fails to furnish the return,
the proper officer may after allowing a period of 15 days from the date of
notice,
proceed to assess the tax liability to the best of his judgment
Tax liability assessment by proper officer shall take into account all the relevant
material available or gathered by such officer;
Time limit for issue of assessment order:
Non Fraud case: As specified in Section 51A(7), or
Fraud Case: Section 51B(7)
Assessment order (made under Section 46) shall be deemed as withdrawn where the
taxable person furnishes a valid return within 30 days of service of the said
assessment order.
10. BEST JUDGMENT ASSESSMENT
Assessment of unregistered persons (Section 47)
• Purpose
To assess tax of the taxable persons who has failed to obtain registration
despite of being liable to be registered in terms of Schedule III of the Act, the
proper officer shall conduct assessment for the period during which the
assessee remains unregistered.
• Procedure
Show cause notice to be issued
Reasonable opportunity of being heard to be allowed to the said taxable person
Proper officer to assess the tax liability to the best of his judgment
Limitation: Assessment order to be issued within 5 years from the due date of
filing the annual return of the year to which the tax not paid relates.
• It being best judgment assessment, as history suggests, there are chances
that the judgment be vindictive and capricious.
11. SUMMARY ASSESSMENT IN CERTAIN SPECIAL CASES
(Section 48)
• Purpose
Tax assessment in special cases to protect the interest of revenue
• Procedure
Proper officer may
• on any evidence showing a tax liability of a person coming to his notice;
• with previous permission of Additional/ Joint Commissioner;
• proceed to assess the tax liability of such person
• Premise:
Proper officer can issue an assessment order if he has sufficient ground that any delay will
adversely affect the interest of revenue
*In case taxable person is not ascertainable and the liability pertains to goods, the person in
charge of such goods shall be deemed to be the taxable person.
• Withdrawal of order:
If on application by the taxable person or suo moto Additional/ joint commissioner considers
that order under section 48 is erroneous, he may withdraw such order and follow procedure laid
in Section 51 (Determination of tax – non fraud .
12. Athena Comments
• Basis of summary assessments are generally vague – “on any evidence
showing a tax liability of a person coming to his notice”
• Such provisions are subject to gross abuse by the authorities to arm twist
• No requirement of:
– Confronting the material to the assessee
– issuing any notice to the assessee
– Hearing the assessee
– The consequent assessments are generally arbitrary
• Illustration
– AO says - Purchases are more than sales
– Add GP of 25% to purchases
– And assess the tax
– Demand raised
– Assesee appeals – partial stay
– Balance to be paid or extorted from the bank account
14. AUDITS UNDER GST
AUDIT BY TAX AUTHORITIES (S. 49)
• Audit prescribed for all assesses. To be conducted:
– for businesses and at frequencies to be prescribed;
– at business premises or at office of taxable person;
– with prior intimation of at least 15 days before initiation of audit
• Manner of Audit:
– To be carried out in a transparent manner and to be completed within 03 months form the date
of commencement of audit, i.e., from the date of making information available by the assessee.
– Period may be increased upto a further period of 06 months for reasons to be recorded in
writing.
– During audit facility for verification of books of accounts or other documents may be sought
for and information and assistance may be required for timely completion of audit.
• On conclusion of audit:
– Without delay, findings of audit, rights and obligations of taxable person and reasons for
findings to be informed
– If detected that tax remains unpaid/ short paid/ erroneously refunded or ITC erroneously
availed, action under Section 51 may be initiated.
15. AUDITS UNDER GST
SPECIALAUDIT (S. 51)
• Special Audit
– To be conducted by external agencies, i.e., Chartered Accountants and Cost Accountants nominated
by the Commr.
– It is in addition to audit under Section 49.
• To be initiated when Deputy/ Asst. Commr. due to:
– nature and complexity of a case; and
– considering the interest of the revenue
– find that the value is not declared correctly or credit is not availed within normal limits;
The concerned officer may direct such taxable person in writing to get his records and books of
accounts verified by nominated professionals.
• Nominated professional
– Shall submitted a report within 90 days to the Deputy/ Asst. Commr. (time period may be extended on
application)
– Proper opportunity of being heard is to be granted to the taxable person, prior to using the information
gathered for using in any proceeding under the Act or rules made thereunder.
– In case of detection of tax not paid or short paid or erroneously refunded or input tax credit
erroneously availed action under Section 51 may be initiated.
– Expenses for audit to be determined and paid by the Commissioner.
17. DEMANDS AND RECOVERY UNDER GST
Determination of tax not paid or short paid or erroneously refunded
• Section 51A in cases where there is no invocation of fraud/suppression/mis-
statement etc and Section 51B where the ingredients of fraud/suppression/mis-
statement etc are present.
• Section 51A
− SCN shall be issued to the person who has not paid tax/short paid or erroneously
refunded under Section 51 A & 51 B.
− If before Notice tax and Interest is paid: No notice and no penalty
− After notice within 30 days tax and interest is paid : No penalty or further
proceedings
− Order - Maximum Penalty : 10% of tax or Rs 10,000 whichever is higher
− The relevant date for issuance of SCN is the date of filing of annual return.
18. • Section 51 B
− Fraud or willful-misstatement or suppression of facts to evade tax
− Tax + Interest + Penalty to be levied
− Before notice, if tax , interest and penalty equivalent to 15% is paid : No notice
− After notice within 30 days tax ,interest and penalty equivalent to 25% is paid : No
further proceedings
− After 30 days of communication of order tax ,interest and penalty equivalent to
50% is paid : No further proceedings
19. Tax collected but not deposited with the Central
or a State Government (Section 52)
• Notice to be issued.
• Principles of natural justice to be followed and order to be issued
• It is to be noted that such order has to be invariably issued within 1 year of date of
issue of notice.
• However there is no time limit for issue of show cause notice. Thus, in such cases
duty can be recovered even after ten years.
• Once notice is issued, the order has to be passed within 1 year from the date of
issue of notice.
20. Modes of recovery of tax available to the
proper officer
• The following options are available to the proper officer:
a) The proper officer may deduct or may require any other specified officer to deduct
the amount so payable from any money owing to such person;
b) The proper officer may recover or may require any other specified officer to
recover the amount so payable by detaining and selling any goods belonging to
such person;
c) The proper officer may, by a notice in writing, require any other person from whom
money is due or may become due to such person or who holds or may subsequently
hold money for or on account of such person, to pay to the credit of the Central or a
State Government;
21. Contd…
d) The proper officer may, on an authorization by the competent authority, distrain any
movable or immovable property belonging to or under the control of such person,
and detain the same until the amount payable is paid; if the dues remains unpaid for
a period of thirty days after any such distress, he may cause the said property to be
sold and with the proceeds of such sale may satisfy the amount payable and the
costs including cost of sale remaining unpaid and pay the surplus amount, if any, to
such person;
e) T he proper officer may prepare a certificate signed by him specifying the
amount due from such person and send it to the Collector of the district in
which such person owns any property or resides or carries on his business and
on receipt of such certificate, the Collector shall proceed to recover from such
person the amount specified as if it were an arrear of land revenue.
22. Payment of tax and other amount in
installments (Section 55)
• Cases other than self-assessed tax.
• The Commissioner/Chief Commissioner may extend the time for payment or allow
payment of any amount due under the Act, other than the amount due as per the
liability self-assessed in any return, by such person in monthly instalments not
exceeding twenty four, subject to payment of interest under section 36 with such
restrictions and conditions as may be prescribed.
• However, where there is default in payment of any one instalment on its due date,
the whole outstanding balance payable on such date shall become due and payable
forthwith and recovered without any further notice.