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- Whether interest is payable on delayed filing of Form GSTR-3B when tax was already deposited in electronic cash ledger ?
Whether interest is payable on delayed filing of Form GSTR-3B when tax was already deposited in electronic cash ledger ?
Issue Favourable to Tax Payer ?:- yes
Held - Considering the Section 49 of the Central Goods and Services Tax Act, 2017 and para-24 of Arya Cotton Industries which clearly go onto show that the amount once debited from the person concerned and credited into the Government account, in that event, the tax liability of such registered person stands discharged on the said date. Here in the case on hand, the order enlarging the re.....
Issue Favourable to Tax Payer ?:- yes
Held - A reading of the Section 39 of the Act will reveal that every registered person, who is required to furnish the returns under Sub-Section (1) of Section 39 of the Act, shall pay the tax dues to the Government as per such return not later than the last date, on which he is required to furnish such return. Thus, it is clear that not later than the last date of filing of Form GSTR-3B, i.e., on or before 2.....
- Whether reimbursement of expenses is leviable to GST?
- Whether input tax credit is admissible if invoice/debit note does not appear in Form GSTR-2A/2B or tax is not paid by supplier ?
- Whether marketing and sales promotion services to customers located outside India is intermediary or export of services ?
- Whether order / show cause notice is valid if passed without pre-show cause notice consultation or GST DRC-01 (summary SCN) or GST DRC-01A (tax intimation notice) ?
- Whether recovery proceedings can be initiated if assessee is willing to file an appeal ?
- Whether input tax credit can be transferred to the transferee entity in case of an inter-state business transfer ?
- Whether interest is payable for the period during which the reply to the deficiency memo remains pending ?
- Whether combined show cause notice can be issued covering multiple financial years ?
- Whether tax can be recovered by Department without prior intimation in Form DRC-01D ?
- Whether a penalty equal to 200% of the tax amount can be demanded in case of detention or seizure of goods ?