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Monetary Limit for adjudicting authority
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....onetary Limit for adjudicting authority<br> Query (Issue) Started By: - THYAGARAJAN KALYANASUNDARAM Dated:- 19-6-2022 Last Reply Date:- 28-6-2022 Goods and Services Tax - GST<br>Got 6 Replies<br>GST<br>Dear experts, One of my clients has received an order under section 73 of GST Act from the Dy. State Tax Officer for excess availment of Input Tax Credit to the tune of Rs.2.80 Crores. My question....
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.... is whether this assessing officer has the jurisdiction to pass an order? if yes what is the monetary limit given to the Dy. State Tax Officer under the state government. Thanks in advance. Reply By Himansu Sekhar: The Reply: sir, you have not mentioned the name of the state. The monetary limit fixed by CGST is by way of circular or instructions. in Odisha no monetary limit has been fixed fo....
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....r the state tax officers. Any officer can pass the order without any monerary limit. further even if the monetary limit is fixed, the scn issued by lower level authorities will not be infructuos. Please refer to tye decision of Hon'ble SC in the case of Pahwa chemicals and Aoen constructions Reply By Amit Agrawal: The Reply: You need to check orders / notifications issued by Commissioner o....
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....f particular states empowering proper officers to know you answer. In addition of looking for technicalities (generally speaking, officer will not pass order if amount involved exceeds his specified monetary limits (if any) to adjudicate), I would also suggest to defend the case on merits. Reply By Alkesh Jani: The Reply: Hon'ble Experts, The views expressed here are also important for Is....
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....sue Id: - 117986. Thanks Reply By KASTURI SETHI: The Reply: In support of reply at serial no.1 2005 (4) TMI 68 - SUPREME COURT AEON'S CONSTRUCTION PRODUCTS LTD. Versus COMMR. OF C. EX., CHENNAI Reply By Himansu Sekhar: The Reply: Thank you sir. there has been spelling mistake in my reply since I posted it while on journey Reply By THYAGARAJAN KALYANASUNDARAM: The Reply: Dear Experts, Than....
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....ks for your valuable reply. I forgot to mention the state. It belongs to Tamil Nadu and later I checked the notification issued by the commissioner of Commercial Tax, there is no monetary limit fixed for the Proper Officer. Therefore, all the proper officers can pass an order irrespective of the amount involved. Thanks once again to explain the same.<br> Discussion Forum - Knowledge Sharing ....