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Intelligence Wing - Power Roles and Responsibilities - Offences booked by Roving Squad officers - Certain circular instructions issued - amendment made - regarding.

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....ress release issued regarding 'Bill To Ship To' for e-way bill by Ministry of Finance, Government of India dated 23.04.2018. 7. Letter from the Joint Commissioner (ST), Intelligence-II, Chennai in R.C.6095/2022/A3, dated 26.09.2022. In the circulars in the references 1 to 3 cited, detailed instructions have been issued on the protocol for Roving Squad. The Joint Commissioners (ST), Intelligence have raised certain queries regarding booking of offences by the Roving Squad officers under the provisions of the TNGST Act, 2017 and requested that suitable guidelines may be given for uniformity in levy of penalty relating to various types of offences noticed by the Roving Squad officers and to perform in an efficacious manner. 2) The said queries raised were examined in detail with reference to earlier circular instructions issued in the references cited and as per the provisions of the TNGST Act & Rules 2017 and following amendment is hereby issued to the Circular No.10/2019 dated 31.05.2019 as amended on 17.12.2019 and 15.11.2021. In para 11 of the said circular, instructions have been issued for "CIRCUMSTANCES WHERE PENALTY OF Rs. 25000/- SHALL BE LEVIED". The&nb....

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....heck of movement of the vehicle by the Official, no penalty  is to be levied. (iii) If no ARN and no valid  rental / lease agreement is produced as above, penalty of Rs. 25,000/- under Section 125 is to be levied. (iv) If the registered person repeats the same offence, (more than once in a calendar month or twice in a calendar quarter or thrice in a  financial  year) maximum penalty under Section- 129 is to be levied. 1(b) Bill To - Ship To: The 'Ship To' address in E- way bill differed from where the goods are being actually delivered which is an unregistered place of the consignee, who is a registered tax payer, but the place of delivery is in another locality i.e. PIN Code mentioned in the E way bill is different. Maximum penalty under Section 129  of  the TNGST  Act,  is  to be levied. 1(c) Bill To - Ship To The 'Ship To' address in E-way  bill differed  from where the goods are being actually delivered which is a registered place of the consignee. (i) Since the consignment in question is duly covered with invoice/B....

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....in a calendar month or twice in a calendar quarter or thrice in a financial year) maximum penalty under Section 129 is to be levied. 3 Bill To - Ship To : Whether one invoice is enough for movement of goods in 'Bill To - Ship To' transactions. If supplier A places purchase order  on  supplier B to ship the goods to the recipient C then, i) If e-way bill is generated by B, corresponding invoice of B raised on A and the same details filled in e-way bill is required during the transportation of goods. ii)  If  e-way  bill is generated  by A, corresponding  invoice  of  A raised on the recipient C and the same details filled in e-way bill is required during the transportation of goods. iii) If, Recipient C is a registered tax payer, but his GSTIN is not given in the 'Bill to Ship to' invoice, minor penalty of Rs.5,000/- under Section 125 of the TNGST Act, 2017 is to be levied 4. The address given in E - way bill is a ware house / place of transporter which is a registered place of the taxpayer and used for further transaction of th....

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....ulars of registration, submit an application for amendment regarding additional place of business in the common portal.  (i) In this regard, if valid rental / lease agreement etc. is produced as proof of unregistered place of business, and if the date of such rental/lease agreement is within 15 days prior to the date of checking of vehicle, minor penalty of Rs.5,000/- shall be levied as per Section 125 of the of the Act TNGST Act, 2017. (ii) If ARN has already been generated regarding declaration of additional place of business and produced  for verification  and if the date and time of generation of ARN is prior to the check of movement of the vehicle by the Official, no penalty is to be levied. (iii) If no ARN and no valid rental / lease agreement as above is produced, penalty of Rs.25,000/- under Section 125 is to be levied. (iv) If the registered person repeats the same offence, (more than once in a calendar month or twice in a calendar quarter or thrice in a financial year) maximum penalty under Section 129 is to be levied. 5(b) The address given in E way bill diffe....

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....ays  prior  to  the  date of checking of vehicle, minor penalty of Rs.5,000/- is to be levied as per Section 125 of the of the Act TNGST Act, 2017. (ii) If ARN has already been generated regarding declaration of additional place of business and produced for verification and if the date and time of generation of ARN is prior to the check of movement of the vehicle by the Official, no penalty is to be levied. (iii) If no ARN and no valid rental / lease agreement as above is produced, penalty of Rs.25,000/- under Section 125 is to be levied. (iv) If the registered person repeats the same offence (more than once in a calendar month or twice in a calendar quarter or thrice in a financial year) maximum penalty under Section 129 is to be levied. 7 Goods were transported by a registered taxpayer to participate in an exhibition or trade fair and for that place, no amendment of registration for  inclusion   of  additional place of business has been done. The  tax  payer  participating  in exhibition Dr trade fair tends to supply goods from such place of event. Hence, transportation of ....