CA in Jaipur | CA. Yogesh Jangid |ITR Filing 2023 | Company Registration | NGO Registration | Income Tax Raid Cases | Audit | Inc Incroporation | CPA in India | Subsidy | Project Funding | GST | GST Raid Cases | Income Tax Notice Faceless | DRI Cases | https://www.nyca.in ITR Filing 2023 | Company Registration | NGO Registration | Income Tax Raid Cases | Audit | Inc Incroporation | CPA in India | Subsidy | Project Funding | GST | GST Raid Cases | Income Tax Notice Faceless | DRI Cases Wed, 12 Jun 2024 06:56:56 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.1 https://www.nyca.in/wp-content/uploads/2022/08/9060CA_logo_icai-1.jpg CA in Jaipur | CA. Yogesh Jangid |ITR Filing 2023 | Company Registration | NGO Registration | Income Tax Raid Cases | Audit | Inc Incroporation | CPA in India | Subsidy | Project Funding | GST | GST Raid Cases | Income Tax Notice Faceless | DRI Cases | https://www.nyca.in 32 32 Tax Appeal Process: What You Need to Know https://www.nyca.in/tax-appeal-process-what-you-need-to-know/ https://www.nyca.in/tax-appeal-process-what-you-need-to-know/#respond Wed, 12 Jun 2024 06:56:56 +0000 https://www.nyca.in/?p=10780 Dive into the world of tax appeals and discover crucial insights into the process. Ensure fairness and justice in taxation matters with expert guidance.

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Introduction

In the realm of taxation, the process of filing appeals plays a crucial role in addressing grievances and seeking clarifications on contentious matters. However, there are instances where delays occur in filing appeals due to various reasons. Understanding the provisions for condonation of such delays is essential for ensuring fairness and justice in the legal framework.

Facts of the Case

M/s. Faiveley Transport Rail Technologies India Limited, a private limited company operating in the Rolling Stock industry, sought clarification regarding the applicability of GST and eligibility of Input Tax Credit (ITC) through an Advance Ruling. The Appellant received a ruling on December 20, 2023, which deemed GST applicable to certain services provided by them. Dissatisfied with the ruling, the Appellant filed an appeal and petition for condonation of delay on April 12, 2024, beyond the stipulated time limit.

Issue

The primary issue at hand is whether the delay in filing an appeal can be excused if the appellant can demonstrate sufficient cause for the delay.

Held

The Tamil Nadu Appellate Authority for Advance Ruling (AAAR) reviewed the circumstances surrounding the delay. Despite the appellant’s failure to file the appeal within the prescribed time frame, the AAAR considered the medical certificate provided, which indicated that the appellant’s representative was undergoing medical treatment during the critical period of appeal filing. Additionally, a formal request for extension was made to the Commissioner of Commercial Taxes, further corroborating the appellant’s claim of unavoidable delay. Consequently, the AAAR invoked the proviso to Section 100(2) of the Central Goods and Services Tax Act, 2017 (CGST Act), condoning the delay of 27 days and allowing the appeal to proceed for consideration on its merits.

Conclusion

The case of M/s. Faiveley Transport Rail Technologies India Limited underscores the importance of understanding the provisions for condonation of delay in filing appeals. While adherence to statutory timelines is crucial, the law also recognizes instances where genuine reasons prevent timely action. This decision by the AAAR reaffirms the principle of fairness in tax adjudication, ensuring that parties are not unduly penalized for circumstances beyond their control.

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]]> https://www.nyca.in/tax-appeal-process-what-you-need-to-know/feed/ 0 Implications of Non-Compliance with GST Return Filing under Section 62 of CGST Act https://www.nyca.in/implications-of-non-compliance-with-gst-return-filing-under-section-62-of-cgst-act/ https://www.nyca.in/implications-of-non-compliance-with-gst-return-filing-under-section-62-of-cgst-act/#comments Tue, 26 Mar 2024 08:02:30 +0000 https://www.nyca.in/?p=7970 The Goods and Services Tax (GST) regime, implemented in India in 2017, mandates registered taxpayers to regularly file returns to declare their taxable supplies and corresponding tax liabilities.

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The Goods and Services Tax (GST) regime, implemented in India in 2017, mandates registered taxpayers to regularly file returns to declare their taxable supplies and corresponding tax liabilities. However, failure to comply with this obligation can lead to significant consequences under Section 62 of the CGST Act.

Understanding Section 62 of CGST Act:

Subsection (1):

  • Non-Filing Obligations: This subsection comes into effect when a registered taxpayer fails to file the prescribed return under Section 39 (monthly return) or Section 45 (annual return), even after receiving notice under Section 46.
  • Authority of Proper Officer: The designated official empowered by the government can assess the tax liability in the absence of a return by estimating it to the best of their judgment, based on available or gathered information.
  • Assessment Order Issuance: The officer issues a formal assessment order (Form GST-ASMT 13) determining the estimated tax liability, interest, and any applicable penalties.
  • Time Limit: The assessment order must be issued within five years from the due date for filing the annual return for the relevant financial year.

Subsection (2):

  • Rectification Opportunity: Taxpayers have a chance to rectify non-filing by submitting a valid return within 30 days of receiving the assessment order, leading to the withdrawal of the order.
  • Continued Liabilities: Even if the assessment order is withdrawn, the taxpayer remains liable to pay interest and late fees as per Section 50(1) and Section 47 of the CGST Act, respectively.

Additional Provisions:

  • Extension for Filing: Taxpayers have an initial 30-day window to file a return after receiving the assessment order, with an option for an additional 60 days by paying an additional late fee.
  • No Double Jeopardy: Acceptance of the best judgment assessment and payment of determined tax precludes reassessment for the same period.

Penalties under Section 62 of CGST Act:

  • Interest: Interest is levied on the assessed tax liability as per Section 50(1) of the CGST Act.
  • Late Fees: Additional late fees are charged under Section 47 for each day of delay in filing the return.
  • Potential Prosecution: Severe cases of non-compliance may lead to criminal prosecution under Section 132 of the CGST Act.

Consequences of Non-Compliance under Section 62:

  • Assessment Order Issuance: The proper officer issues an assessment order specifying the estimated tax liability, interest, and late fees payable by the taxpayer.
  • Impact on Reputation: Non-compliance can negatively affect the taxpayer's business reputation and future opportunities.

Key Points of Section 62:

  • Applicability: Applies to registered persons failing to file returns under Section 39 or Section 45.
  • Assessment by Proper Officer: The officer estimates tax liability based on available information within a specified time frame.
  • Time Limit for Assessment: Assessment can be initiated within five years from the due date for furnishing the annual return.

Relief for Non-Filers:

  • Rectification Window: Section 62(2) allows non-filers to rectify by filing a valid return within 30 days of receiving the assessment order, with an option for an extended period by paying additional late fees.

Conclusion:

Section 62 of the CGST Act serves as a deterrent against non-filing of GST returns, empowering authorities to assess tax liability and impose penalties. However, it also provides an opportunity for rectification within a stipulated time frame, albeit with certain consequences. Taxpayers are strongly advised to adhere to prescribed deadlines to avoid unnecessary assessments, penalties, and legal complications.

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