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Know Limitations of GST Section 73 with SCN Time Limits

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Article 73 of the Central Goods and Services Tax Act grants authority to authorized officers for the assessment of tax liability, interest, and penalties. Despite the initial three-year timeframe, subsequent amendments and notifications have prolonged deadlines, giving rise to discussions and legal controversies.  The inclusion of Section 168A in the 2020 amendment provides the government with the ability to extend limits in cases of force majeure. Nevertheless, challenges arise from the retrospective application and interpretations of the term "force majeure," contributing to complexities and disputes, as evidenced by recent legal cases. Research in Detail Section 73 of the Central Goods and Services Tax Act confers authority upon the designated officer to assess tax liability, interest, and penalties. Subsection (10) initially sets three years for issuing orders, yet this temporal limitation has been subject to amendments via GST notifications .  For instance,  the orig...

Gen ROC Software for Seamless MGT 7 and 7A e-Filing

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E Form MGT-7 and E Form MGT-7 A are essential filings necessary for all companies, regardless of size—be it a small company, other than a small company, or an OPC. These forms, namely MGT-7 and MGT-7 A, mandate companies to submit annual returns, shareholding specifics, and other relevant details. Compliance involves adhering to the rules and guidelines outlined by the MCA while furnishing these forms. Why do you opt for Gen CompLaw with XBRL Software for E-form MGT 7 Filing? The Gen Complaw with ROC Filing software stands as a leader in its field, proving highly efficient in facilitating the preparation of ROC e-forms, XBRL submissions, Resolutions, Minutes, Registers, and various MIS reports. Developed by SAG Infotech, this product ensures timely and error-free "XBRL" e-filings. Its effectiveness extends to aiding statutory compliances under the Companies Act, 2013, including the maintenance of fixed assets registers. With its ability to deliver faster responses in shorter...

Useful Tips to Keep in Mind for Handling GST Department Audit

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The departmental audit involves reviewing departmental accounts to ensure correct tax payments, proper utilization of Input Tax Credit (ITC), avoiding excessive refund claims, etc. With the looming deadline for issuing show cause notices for the period of July 2017 to March 2018, the department has intensified its audit activities, aiming to finalize audits, raise audit points, and issue notices promptly. Hence, registered individuals must understand and adhere to effective practices to facilitate a smooth departmental audit. Though it might seem improbable, achieving a seamless departmental audit is plausible. Here are some recommended practices for handling departmental audits. Appropriate Provision Under the CGST Act Section 65 of the CGST Act furnishes that the commissioner or any officer authorized by him can perform an audit of any registered person. The audit can either be performed at the place of business of the registered person or the officer of the departmental officer. The...

An Overview of Recent GST Amendments and Changes for Biz

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Prime Minister of India has declared his intention to transform India into the world's third-largest economic powerhouse during the Government's upcoming tenure. Conversely, the International Monetary Fund (IMF) has cautioned that India's overall Government debt might surpass 100% of its Gross Domestic Product (GDP) in the medium term and that the country faces a significant risk to its long-term debt sustainability due to the substantial investment required to achieve India's climate change mitigation goals. Nevertheless, India perceives these risks as insignificant since most of its sovereign debt is denominated in the domestic currency and therefore carries limited exposure. The Lok Sabha, Parliament of India, has approved three new bills pertaining to criminal legislation, specifically bills aimed at replacing the Indian Penal Code (IPC), the Indian Evidence Act, and the Code of Criminal Procedure (CrPC). The newly enacted laws are known as the Bhartiya Nyaya Sanhi...

Central Govt Surpasses Revenue Target with Strong GST, Direct Tax for FY24

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The Indian economy is seeing a sunny side up as the government gears up to outstrip its initial gross tax collection projections for the current fiscal year. Both direct tax and GST collections are painting a picture of potential surplus. Recent indicators suggest that the government might not just meet but exceed the aimed Rs 33 lakh crore mark, potentially hitting over Rs 34.5 lakh crore in gross taxes by the year-end. Reports highlight the stellar performance of both direct taxes and goods and services tax (GST) collections as the driving force behind this fiscal triumph. Preliminary data showcases a significant year-on-year surge of 20.66 per cent in net direct tax collections, showcasing an impressive achievement until December 17, 2023, in the ongoing financial year. Net collections, after factoring in refunds, hit Rs 13.7 lakh crore in FY24, marking a significant rise from the Rs 11.35 lakh crore reported in the corresponding period of the previous fiscal year. In a det...

TIN 2.0: New Initiative for Simplified Income Tax Payments

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The income tax department introduced the Tax Information Network (TIN 2.0) last year, aiming to enhance the taxpayer experience on the e-filing portal. Starting April 1, 2023, the entire tax payment system transitioned from the previous TIN-NSDL to TIN 2.0. TIN 2.0, the new e-Pay tax payment platform , is the official income tax department portal designed to offer taxpayers a unified platform for accessing various income tax services, including tax payments. This system replaces the OLTAS-based payment setup and is now integrated into the e-filing portal. A total of 26 banks along with the state-owned and private banks are on board as of now. The assessee of such banks shall be required to visit the income tax department e-filing portal for paying their direct taxes.  What is The Method And Where to Access It? The taxpayers need to log on to the income tax portal  https://www.incometax.gov.in/iec/foportal/ . He can find a pre-login section e-pay tax  https://eportal.incom...

How to Recognize & Report Fraudulent GST Bills/Invoices

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The GST bill refers to the document that shows the tax information on certain transactions consisting of goods or services. GST is a complete indirect tax imposed on the supply of goods and services at every production and distribution chain phase. It acts as proof of tax paid on certain transactions and is an important document for businesses and people concerned with buying or selling goods and services. GST execution in various countries has eased the taxation regime, which makes it more clear and efficient. There is always a risk of bogus activities with any system along with the making and circulation of the bogus GST bills . Acknowledging and reporting these bogus bills is important to maintain the GST system's integrity. The GST bill elements comprised of- Understanding the GSTIN for Businesses: The GSTIN, a distinctive identifier for businesses under GST registration, aids in taxpayer identification and tracking. An Important Factor in Transaction Records for Invoice Numbe...