After serving for 37 years in the Andhra Pradesh Commercial Taxes Department, P.V. Subba Rao, (B.A., B.L.) retired as Joint Commissioner of CT in October, 2003. Has exposure to indirect tax laws for over five decades. For his outstanding detection of major cases of tax evasion, AP Government sanctioned him six advance increments. Honourable Chief Minister of AP presented him UTTAMA SEVA patras, thrice for his meritorious performance. He has been delivering lectures on indirect taxes, since 40 years. He has drafted the AP Tax on Entry of Goods into Local Areas Act and Rules, 2001. He has undergone advanced training in Sales Taxation in National Institute of Public Finance and Policy, New Delhi in 1984. He has participated in the 5-day training program on the VAT conducted by the World Bank in 1999. On the request of the State Government, he has drafted Works Contract Manual for the purposes of VAT. He was National Vice President of All India Federation of Tax Practitioners during 2010 and 2011. He was independent Director in Anjani Portland Cements Limited for 3 years. He has been the Indirect Tax Consultant to Tirumala Tirupati Devasthanams (TTD) since 20 years. Practicing as GST Advocate in Hyderabad. His book 'Taxation Insights: A Compendium of GST Articles' has been recently released by the honourable Chief Minister of Telangana State.
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Issue Id: 119332
Due to the amendment made to Section 9 of the GST Act, 2017 effective from 1.11.2024, 'un-denatured extra neutral alcohol or rectified spirit ...
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Issue Id: 119260
Section 150 of the Finance (No.2) Act, 2024 relating to the CGST Act, 2017 reads as follows:- '150. No refund shall be made of all the tax ...
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Recovery of tax under GST permits attachment, garnishee, distraint and revenue recovery, subject to statutory safeguards.
Section 78 fixes a three month payment period from service of an order, reducible only when the proper officer records that a shorter period is expedient in the interest of revenue. FORM GST DRC 07 is the recovery notice summarising amounts due. Chapter XV and the Rules authorize multiple recovery modes-deduction from refunds, garnishee notices, detention and sale of goods, distraint and sale of property, revenue recovery, magistrate proceedings, encashment of bonds and execution through courts-subject to prescribed procedures, forms and safeguards, including provisional attachment, instalment relief, and rules for recovery from liquidators and sureties. (AI Summary)
Goods and Services Tax - GST
Section 74 notices require evidentiary support of fraud or wilful misstatement before extended penalties can be invoked.
Section 74 can be invoked only where the proper officer forms a prima facie opinion, supported by material, that tax default or wrongful availment of input tax credit occurred by reason of fraud, willful misstatement or suppression of facts to evade tax. The burden to bring relevant evidence lies on the department; if the taxable person submits cogent representations and evidence disproving these ingredients, the proper officer must consider them, record reasons if rejecting them, and may drop or re-cast Section 74 proceedings rather than treating the issuance as irrevocable. (AI Summary)
Goods and Services Tax - GST