As a candidate in Group IV service, selected by the Tamilnadu Public Service Commission in 1972 and came up to the level of Deputy Commissioner. Lastly worked as Deputy Commissioner(CT)Fast Track Assessment Circle, Coimbatore and retired as such in 2010 after completion of 38 years of service . Now serving for the past 17 years as VAT/GST Practitioner. Much interested to solve the litigation met by the merchant public both in ground level and Appellate forums including the Tribunals.Also tax consultant to many of the clients in their day-to day business affairs. Interested in publishing Articles to Commercial Laws of India Private Ltd., and in Tax Management India Residence-cum office No.20 Babuji Nagar II street, Kumaranandhapuram,Tirupur 641602 (Mobile no. 9442122187 mail id. [email protected])
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Refund eligibility under GST: recipient generally not entitled to claim tax collected by supplier except for deemed export situations.
Refund entitlement under GST ordinarily lies with the supplier who paid or collected the tax because Section 54(1) read with the phrase "amount paid on such tax or any other amount paid by him" and clause (b) of sub section (4) requires documentary evidence that the claimant paid or had tax collected from them and did not pass the incidence on. An exception permits recipient claims for deemed exports under the definition of relevant date and the proviso to Rule 89(2); absent deemed export treatment, a recipient in a works contract/service supply lacks entitlement to claim refund. (AI Summary)
Goods and Services Tax - GST
Goodwill payment on partner retirement not a supply under GST if it merely reflects the partner's share in net assets.
The central issue is whether payment labelled as goodwill to retiring partners is a taxable supply under GST. The AAR permitted withdrawal because the applicant did not provide the accounts and methodology used to arrive at goodwill, leaving the matter undecided. The author argues that inherent goodwill is a firm asset and that retirement payments represent a partner's share in net partnership assets, not a transfer of property; accordingly such payments lack the characteristics of a taxable supply under GST. (AI Summary)
Goods and Services Tax - GST
Board power to restrict appeals contingent on GST Council recommendations; no monetary limit for officers' appeals currently in force.
Section 120 allows the Board to fix a monetary limit for regulating filing of appeals by Central Tax officers only on the basis of recommendations of the Goods and Services Tax Council; because the Council has not fixed any such limit, the Board presently lacks operative power under the CGST Act to prescribe a pecuniary threshold. Subsection (2) would bar appeals below a prescribed limit but permits filing in other cases involving the same or similar question of law; subsections (3) and (4) remove estoppel and require appellate bodies to consider reasons for non filing. (AI Summary)
Goods and Services Tax - GST
Composition levy under GST: simplified quarterly tax option requiring state-wise opt-in, restricted input tax credit and procedural compliance.
Section 10 permits eligible taxpayers to opt for a composition levy paying prescribed percentages of turnover instead of regular GST; eligibility is determined by aggregate turnover on an all India PAN basis with exclusions for certain inward supplies and notified goods. The option requires state wise exercise and specified electronic filings (CMP 01/02/03, ITC 3/ITC 01, GSTR 4), mandates invoice and signboard disclosures, and imposes conditions whose breach causes automatic withdrawal, reversal of input tax credit for stock and potential liability under the regular tax and penalty provisions. (AI Summary)
Goods and Services Tax - GST
Recovery of unpaid tax: procedural distinction between non-fraud shortfalls and fraud-driven evasion, with differing notice, payment and penalty rules.
Recovery under the CGST regime follows two procedural tracks: section 73 for non-fraudulent short-payment, erroneous refund or wrong ITC, and section 74 where fraud, willful misstatement or suppression of facts to evade tax is alleged. Both sections require service of a detailed statement, allow pre-notice voluntary payment of tax with interest (and prescribed penalty in some cases) to conclude proceedings, prescribe differing limitation periods and penalties depending on culpability, and treat court or tribunal stays as excluded for limitation computation. (AI Summary)
Goods and Services Tax - GST
TaxTMI 
TaxTMI 
24 Sep 2024 
3 Replies 
