Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Discussions Forum
Home Forum Goods and Services Tax - GST This

A Public Forum.
Acknowledging the Value of Experts.

Contribute Your Wisdom, Shape the Future.
Let Your Experience Guide Others

Submit new Issue / Query     My IssuesMy Replies
A free service.
You may submit an issue for brainstorming also.

amendment to Rule 142A, Goods and Services Tax - GST

Issue Id: - 118821
Dated: 25-10-2023
By:- Vel Murugan

amendment to Rule 142A


  • Contents

Rule 142A has been amended by Notification No. 79/2020-CT dated 15.10.2020, replacing the word "shall" with "may" and it is effective from that date. Whether this amendment is applicable for the DRC-01 for the FY 2017-18? In other words, the issue of DRC-01A is a must for SCN for the years 2017-18 to 2019-20.

Posts / Replies

Showing Replies 1 to 5 of 5 Records

Page: 1


1 Dated: 26-10-2023
By:- PAWAN KUMAR

Dear Sir,

As per my view, The amendment is effective from the date of 15.10.2020, although replacing the word, it means the proper officer may issue DRC-01A for the past FY 2017-18 also.


2 Dated: 28-10-2023
By:- Padmanathan Kollengode

I agree. To my understanding, after 15-10-2020, the officer "may" issue DRC-01A. It is irrelevant for which FY he is issuing SCN.


3 Dated: 28-10-2023
By:- KASTURI SETHI

(i) After 15.10.20, if DRC-1A is issued today it will cover past period also.

(ii) The word, 'SHALL' signify mandatory factor. It was mandatory for the Proper Officer and now it is not mandatory for the Proper Officer.

(iii) The word, 'MAY' excludes mandatory factor. Now Proper Officer will decide keeping in view of the facts and circumstances of the case. In other words, 'discretionary' factor.

 


4 Dated: 30-10-2023
By:- Padmanathan Kollengode

5 Dated: 30-10-2023
By:- PAWAN KUMAR

Yes, I fully agree with View of Sh.Kasturi Sir.


Page: 1

Old Query - New Comments are closed.

Quick Updates:Latest Updates