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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.

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

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Step 2 – Draft Generation

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

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• Issue-wise legal analysis
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• Professionally structured draft ready for further review.

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IGST Demand by State tax officers

Nandakishore Komandur

Dear sir,

One of my client received a order from state commercial tax officers demanding repayment of IGST input availed in excess of GSTR-2A in 2017-18.

Does the state government officials has jurisdiction for raising IGST demands?

IGST jurisdiction: State tax officers may demand and recover IGST; assess time-bar and GSTR-2A availability defenses. State tax officers may issue demands to recover IGST input credits, as jurisdiction over IGST recovery is exercisable by state authorities. Key defenses are that GSTR-2A was not functioning or available at the relevant time and that the demand may be time barred under limitation rules for the assessment period; these procedural and limitation challenges should be examined when responding to such demands. (AI Summary)
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Sadanand Bulbule on Apr 7, 2024

Dear Sir

In terms of Section 20 of the IGST Act, 2017, the State government officials have the jurisdiction to demand and recover IGST.

Shilpi Jain on Apr 9, 2024

You could defend the demand on the ground that GSTR-2A was not functioning at such time. Also have a look whether this demand is time barred or issued within time limit as it is a demand pertaining to year 2017-18

DR.MARIAPPAN GOVINDARAJAN on Apr 9, 2024

In my view State Tax Officers are having this power.

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