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 Sat, 13 Apr 2024 10:52:23 +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 Income tax refund will be available soon and the seized properties will also be returned https://www.nyca.in/income-tax-refund-will-be-available-soon-and-the-seized-properties-will-also-be-returned/ https://www.nyca.in/income-tax-refund-will-be-available-soon-and-the-seized-properties-will-also-be-returned/#respond Sat, 13 Apr 2024 10:52:23 +0000 https://www.nyca.in/?p=8583 If you pay tax then it is a matter of relief for you. The Income Tax Department will dispose of the appeals related to TDS payment and tax from the current financial year i.e. 2024-25 as soon as possible.

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If you pay tax then it is a matter of relief for you. The Income Tax Department will dispose of the appeals related to TDS payment and tax from the current financial year i.e. 2024-25 as soon as possible. With this you will also get income tax refund soon. The department is preparing an action plan for this, which will be implemented soon. The Central Board of Direct Taxes (CBDT) has asked the Income Tax Department to prepare an action plan by which possible tax-related issues are identified and resolved immediately. In this scheme, there will be a fixed time limit for returning the seized property. The department said that such properties will be returned by June 30, 2024. It aims to finalize pending compounding proposals by March 31, 2024, and dispose of at least 150 appeals by June 30.

You can file a case before the Assessing Officer: Under the new decision of the Income Tax Department, taxpayers will now have to file an application for pending refund before the Assessing Officer. Processing of applications for nil/reduced TDS or TCS certificates under section 195/197/206C will be expedited. They will be resolved within a month of receipt of applications from April 1, 2024.

Priority for disposal of appeals filed before April 1, 2020: The department said that disposal of appeals filed before April 1, 2020 will be given priority. After this, appeals filed after April 1, 2020 will be disposed of. This decision is an important step towards increasing administrative efficiency. Immediate measures have been initiated for resolution of complaints through e-redressal and CPGRAMS platforms.

Source: https://www.internationalnewsandviews.com/income-tax-refund-will-be-available-soon-and-the-seized-properties-will-also-be-returned/

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]]> https://www.nyca.in/income-tax-refund-will-be-available-soon-and-the-seized-properties-will-also-be-returned/feed/ 0 Understanding the Mechanisms of Tax Relief: Remission and Extinguishment https://www.nyca.in/understanding-the-mechanisms-of-tax-relief-remission-and-extinguishment/ https://www.nyca.in/understanding-the-mechanisms-of-tax-relief-remission-and-extinguishment/#respond Wed, 10 Apr 2024 08:33:34 +0000 https://www.nyca.in/?p=8469 The concepts of remission and extinguishment of tax demand involve the cancellation or forgiveness of a taxpayer’s outstanding tax liabilities.

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Introduction:

The concepts of remission and extinguishment of tax demand involve the cancellation or forgiveness of a taxpayer’s outstanding tax liabilities. These legal mechanisms offer relief to taxpayers facing difficulties in settling their tax obligations fully. In this article, we will delve into the provisions of remission and extinguishment of tax demand, exploring their definitions, legal frameworks, and implications.

Government Initiatives:

  • Cleaning Up Records: Tax authorities may have old, unverified, or disputed tax demands. Remission helps clear these records, reducing administrative burdens.
  • Improving Taxpayer Services: Offering remission for smaller debts improves taxpayer relations and encourages future compliance.

Recent Example in India (as of March 2024):

In the 2024 Interim Budget, the Indian government announced a remission and extinguishment program for specific direct tax demands, waiving outstanding tax demands up to a certain limit depending on the tax year.

Key Points to Remember:

  • The forgiven amount is not considered income for the taxpayer.
  • It does not entitle the taxpayer to claim any refunds or credits for the waived amount.
  • Pending criminal proceedings related to the tax demand are not affected by the remission.

Remission of Tax Demand:

  • Remission is a legal process through which a tax authority forgives all or a portion of a taxpayer’s outstanding tax liabilities.
  • It aims to alleviate financial burdens on taxpayers genuinely unable to pay their taxes due to significant hardships or extraordinary circumstances.

Legal Framework:

  • The remission of tax demand is governed by specific laws and regulations in each jurisdiction, outlining conditions for granting remission and the authority responsible for making such decisions.

Grounds for Remission:

  • Tax authorities consider various grounds when assessing remission requests, including financial hardship, natural disasters, unforeseen events, or other exceptional circumstances.

Procedure for Remission:

  • Taxpayers typically file a formal request with the relevant tax authority, providing detailed information about their financial situation and reasons for seeking remission, along with supporting documents.
  • The tax authority reviews each request on a case-by-case basis before making a decision.

Extinguishment of Tax Demand:

  • Extinguishment of tax demand refers to the permanent termination of a taxpayer’s liability to pay taxes, erasing the tax liability and relieving the taxpayer of any obligation to pay.

Legal Basis:

  • Extinguishment of tax demand can occur through various legal mechanisms such as statutes of limitations, judicial decisions, settlements, or legislative enactments, depending on the jurisdiction.

Key Considerations:

  • It's not a refund; the forgiven amount is not returned to the taxpayer.
  • There may be limitations on the amount of tax that can be remitted or extinguished, as well as the reasons for doing so.
  • This concept typically applies to direct taxes like income tax and may not apply to indirect taxes like sales tax.

Conclusion:

Remission and extinguishment of tax demand are crucial legal mechanisms that provide relief to taxpayers facing financial difficulties. While remission offers relief through forgiveness of outstanding tax liabilities, extinguishment permanently terminates the taxpayer’s tax liability. Understanding the legal framework and procedures associated with these concepts is essential for taxpayers and professionals navigating the complexities of tax law. By comprehending the intricacies of remission and extinguishment, taxpayers can seek relief when appropriate, ensuring compliance and mitigating potential financial hardships. Additionally, tax authorities must administer these mechanisms judiciously, balancing relief for deserving taxpayers with revenue collection for the benefit of society as a whole.

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]]> https://www.nyca.in/understanding-the-mechanisms-of-tax-relief-remission-and-extinguishment/feed/ 0 Revenue Department is not empowered to seize Cash under GST https://www.nyca.in/revenue-department-is-not-empowered-to-seize-cash-under-gst/ https://www.nyca.in/revenue-department-is-not-empowered-to-seize-cash-under-gst/#respond Sat, 30 Mar 2024 10:09:45 +0000 https://www.nyca.in/?p=8112 The Delhi High Court, in the matter of Jagdish Bansal v. Union of India [W.P. (C) No. 16677 of 2023 dated February 26, 2024], granted relief to the petitioner by allowing the writ petition

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The Delhi High Court, in the matter of Jagdish Bansal v. Union of India [W.P. (C) No. 16677 of 2023 dated February 26, 2024], granted relief to the petitioner by allowing the writ petition. The court instructed the Revenue Department to return the seized cash along with interest. The judgment emphasized that the Revenue Department lacks authority to seize cash under the applicable GST laws.

Facts of the case:

Search and seizure procedures were conducted at the premises of Jagdish Bansal, resulting in the confiscation of cash by the Revenue Department.

Displeased by this action, Jagdish Bansal filed a writ petition in the High Court, challenging the lawfulness of the cash seizure.

Issue:

The central issue at hand was whether the Revenue Department possessed the legal authority to seize cash under the GST framework.

Held:

In its ruling on W.P. (C) NO. 16677 OF 2023, the Delhi High Court made the following determinations:

  • Referencing the decision of the Delhi High Court in K.M Food Infrastructure Pvt Ltd Through Its Director Mukesh Kapoor Vs Director General DGGI Headquarters [W.P. (C) 328/2024 dated February 13, 2024], the court construed Section 67 of the Central Goods and Services Tax Act, 2017.
  • It observed that cash does not fall under the definition of goods but rather under the definition of money as outlined in Section 2(75) of the CGST Act.
  • The court reiterated that cash cannot be categorized as goods and therefore cannot be subject to seizure.
  • It concluded that there was no valid reason for the Revenue Department to retain the seized cash.
  • Consequently, the court deemed the impugned order as null and directed the Revenue Department to return the seized cash along with interest.

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]]> https://www.nyca.in/revenue-department-is-not-empowered-to-seize-cash-under-gst/feed/ 0 Assessee is entitled to interest from the date immediately after the expiry of sixty days from the date of receipt of the GST refund application https://www.nyca.in/assessee-is-entitled-to-interest-from-the-date-immediately-after-the-expiry-of-sixty-days-from-the-date-of-receipt-of-the-gst-refund-application/ https://www.nyca.in/assessee-is-entitled-to-interest-from-the-date-immediately-after-the-expiry-of-sixty-days-from-the-date-of-receipt-of-the-gst-refund-application/#respond Tue, 26 Mar 2024 06:28:11 +0000 https://www.nyca.in/?p=7941 The Hon'ble Delhi High Court, in the case of Raghav Ventures vs. Commissioner of Delhi [Writ Petition (Civil) No. 12209 of 2023 dated March 01, 2024]

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The Hon’ble Delhi High Court, in the case of Raghav Ventures vs. Commissioner of Delhi [Writ Petition (Civil) No. 12209 of 2023 dated March 01, 2024], held that the payment of 6% interest under the Section 56 of the Central Goods and Services Tax Act, 2017 (“the CGST Act”) is statutory and does not depend if the claim made by the Assessee. It is automatically payable if the GST refund is not made within 60 days from the date of receipt of the application.

Facts of the case:

Raghav Ventures, referred to as “the Petitioner,” engaged in exporting mobile phones and accessories to M/s AZ Logistic, Dubai, UAE, and paid Integrated Goods and Services Tax (IGST). The normal procedure for claiming GST refunds involved submitting shipping bills, which Customs processed through ICEGATE.

In December 2022, exports amounted to Rs. 9,06,49,174/- with IGST payment of Rs. 1,63,16,851/-. In February 2023, exports totaled Rs. 2,80,38,271/- with IGST payment of Rs. 50,46,889/-. Similarly, in March 2023, exports amounted to Rs. 95,90,489/- with IGST payment of Rs. 17,26,288/-, and in May 2023, exports of mobiles and accessories worth Rs. 76,96,568/- were made, with IGST payment of Rs. 13,85,382/-.

According to Sub-Rule (2) of Rule 96 of the Central Goods and Services Tax Rules, 2017 (“the CGST Rules”), export invoice details from Form GSTR-1 are electronically transmitted to Customs. Once the system confirms export, GST refunds are processed through ICEGATE under Rule 96(3) of the CGST Rules.

The Petitioner submitted GST returns in Form-GSTR-3B and refund applications for the mentioned periods via Form-GST-RFD-01. Acknowledgments were received via Form-GST-RFD-02, confirming receipt of the GST refund applications.

While the writ petition was pending, the IGST refund for the period was credited to the Petitioner’s bank account on December 4, 2023, without any interest. On December 6, 2023, the Petitioner applied to the Special Commissioner, Department of Trade & Taxes (“the Respondent”), seeking 6% interest from the refund application date until December 3, 2023.

Therefore, aggrieved by these circumstances, the present writ petition was filed, requesting the Respondent to grant the total IGST refund of Rs. 2,44,75,410/- for the tax periods of December 2022, February 2023, March 2023, and May 2023, along with interest as per Section 56 of the CGST Act.

Issue:

Does the Assessee have a statutory entitlement to interest on delayed GST refunds?

Held:

The Delhi High Court, in Writ Petition (Civil) No. 12209 of 2023, ruled as follows:

  • It was observed that interest payment under Section 56 of the CGST Act is mandatory and not contingent upon the Assessee's claim. It automatically becomes due if the GST refund is not issued within 60 days from the date of application receipt. Denial of GST refund based on waiving interest claims in FORM GST-RFD-01 is unjustifiable. Additionally, interest is only applicable if the refund isn't granted within 60 days from the application date, making interest payment obligatory and automatic.
  • It was also noted that Circular No. 125/44/2019-GST dated November 18, 2019, clarifies that interest calculation starts from the day immediately following the 60-day period from the application receipt until the amount is credited to the applicant's bank account.
  • The court held that the Petitioner is entitled to statutory interest at a rate of 6%, starting from the day immediately following the expiry of the 60-day period from the application receipt until the refund is credited to the Petitioner's bank account. The Respondent was instructed to process the refund of interest and credit it to the Petitioner's account within four weeks. Consequently, the petition was resolved along with the pending application.

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