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AI Drafter

Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Step 1 – Issue Identification & Review

The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.

• Review the issues identified by the AI
• Add, edit, remove, or refine issues as required


Step 2 – Draft Generation

Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.

• Relevant statutory provisions
• Judicial precedents and Supreme Court, High Court and other citations
• Issue-wise legal analysis
• Practical arguments and supporting content
• Professionally structured draft ready for further review.

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Transitional Credit to be written off

Kaustubh Karandikar

a) XYZ Pvt. Ltd. have unutilised balance in Excise PLA A/c from F Y 2014-15 onwards under Education Cess and SHEC. Post GST XYZ also applied for refund through ACES portal, but did not receive the refund. Whether this amount is required to be written off in the books of accounts? The statutory auditors want confirmation on the same. b) XYZ paid service tax under RCM as per Excise Audit of Apr-16 to June-17 with interest & penalty. This amount could not be claimed post GST introduction. Whether this amount to be written off in books of accounts or to keep under receivables? The statutory auditors want confirmation on the same.

Transitional credit write-off: unutilised pre-GST excise credits and RCM payments unlikely claimable, so record as write-offs. Where unutilised Excise PLA balances for Education Cess and SHEC were not refunded and recovery prospects are remote, they should be written off; similarly, service tax paid under RCM with interest and penalty that was not carried forward via Tran-1 and is unlikely to be claimed should be written off rather than retained as receivables, and auditors should be provided confirmation based on the recoverability assessment. (AI Summary)
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Ganeshan Kalyani on Aug 22, 2020

It depends upon the probability. In first query, the chances are less to get refund. So, should be written off in the books of accounts. In the second, the credit was to be carried forward to GST thru Tran-1. If the same did not happen, then the chances of claim it is also less. Thus, should be written off.

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