Validity of the direct recovery of Interest under GST?

  • Category: assessment and litigation
  • Date: 11-01-2020
  • Writers: CA Lakshman K, CA Venkata Prasad

In the recent past, the matter of interest on Gross (before adjusting GST ITC) or Net liability (after adjusting GST ITC) is knocking the doors of every belated GST return filers. The Hon’ble HC of Telangana in case of Megha Engineering & Infrastructures Ltd. v. Commissioner — 2019 (26) G.S.T.L. 183 (Telangana) held that interest is liable on the Gross GST liability but the Hon’ble has admitted the review petition and granted an interim stay and the other HC’s are yet to deliver the...

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How to draft reply to SCN and appeals?

  • Category: assessment and litigation
  • Date: 26-11-2019
  • Writer: CA Vasant K. Bhat

Litigation is all about the convincing the authorities about the compliance of law on facts of each case. This begins with clear understanding of the facts and clear understanding of the relevant provisions of the applicable laws. Normally, the most litigation is on account of possible different interpretations of the law. In other words, the ambiguities in the provisions of law results into litigation. In some cases, the discretionary powers given in the law to the revenue authorities also...

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Carry forward of KKC, EC etc., into GST – implications of recent Delhi High court decision

  • Category: assessment and litigation
  • Date: 12-03-2018
  • Writers: CA Lakshman K, CA Venkata Prasad

Education Cess was being levied on Central Excise and Service Tax from 10.09.2014. Education Cess paid on the purchase was available as credit against payment of education cess on payment on the output removal. Credit of cess was not able to use for the payment of duty. Later when the rate of excise duty was increased from 12% to 12.5%, cess was rescinded. There by the accumulated credit was not able to be used. Similar was in case of Krishi Kalyan Cess credit in case of service tax. Now...

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