Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

2019 (12) TMI 162

..... hat in respect of the earlier notices issued by the Respondents, no final determination has been made or communicated to the Petitioner. On each occasion, the Petitioner has submitted its replies which have been ignored while issuing impugned show cause notice - HELD THAT:- The position is not as the one projected by the Petitioner, namely, rampant issuance of notices, one after another, without considering the fact that the earlier notices issued to Petitioner had been replied. The Respondents have followed the statutory scheme. The earlier notices were only to make inquiries, and it is only the impugned show cause notice which is a Substantive Show Cause Notice to show cause as to why the amount ₹ 4,39,44,304/-, allegedly wrongly ca .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... to ₹ 4,39,44,304/-. The Petitioner was issued a notice on 23.03.2018 by the Respondents, which reads as follows: Sir, Please refer to the TRAN-1 and revised TRAN-1 filed by you on GST Portal. While scrutiny of the same, it has been observed by the department that there was a Nil opening balance of CENVAT Credit in the month of April, 2017 and there was a closing balance of ₹ 4,39,44,304/- on 30.06.2017 and the same was filed as TRAN-1 by you. In this connection, you are requested to submit the following documents for verification to this office within 7 days of receipt of this letter. 1. Month wise Purchase Invoices in respect of Inputs w.e.f.01.04.2016 to 30.06.2017 alongwith a chart showing details of Invoices, description of .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... s per the revised return for the period April to June, 2017 filed on 26.09.2017, whereas the closing balance of Cenvat credit of service tax in original return filed on 13.08.2017 was ₹ 1,93,04,270/- only. Therefore, differential amount of ₹ 2,46,40,267/- has been wrongly carried forward in the electronic credit ledger under GST through TRAN-1 statement, which may please be reversed immediately & compliance may be reported within 7 days of receipt of this letter. Please note that if no information is received by the stipulated date, necessary action will be initiated under Section 73 or 74 of the GST Act, 2017, r/w rule 121 of the GST Rules, 2017. 4. The Petitioner yet again sent its response on 21.08.2018. Another reply was .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... notice. In this regard, he has drawn our attention particularly to paragraph 4 of the show cause notice which reads as follows: And whereas it has been claimed that they did not avail Cenvat credit of service tax paid under RCM on imported/local services, capital goods during Feb. 2017 to June 2017 received in their Centralized business premises located in various States, and hence such unavailed Cenvat credit was taken in the revised service tax return for the period April to June 2017 filed on 26.09.2017 and an amount of ₹ 4,39,44,537/- (excluding Cess) was admissible for transition in GST through Tran-1 as detailed below: Amount in INR Month Service tax SB Cess (non-creditable) KK Cess Total Remarks Feb 17 37,43,883 1,33,709 1 33,7 .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... 6.09.17 was neither claimed in revised return for the said months filed on 22.07.17 nor in the original return for April-June 2017 filed on 13.08.17. 4.2. If is also noted that they have been availing Cenvat credit of service tax paid under RCM in cash as is evident from the relevant data extracted from the revised return for the period October 16 to March 17 (covering Feb & March 17) flied on 22.07.17 and original return for the period April-June 2017 filed on 13.08.17 (along with data as per revised return for April-June 17 filed on 26.09.17) as under: Amount in INR Month Service Tax payable under RCM (excluding Cess) Payment made in cash for S.tax under RCM (including KK Cess & SB Cess) Cenvat credit of S.Tax under RCM & othe .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... considering the fact that the earlier notices issued to Petitioner had been replied. The Respondents have followed the statutory scheme. The earlier notices were only to make inquiries, and it is only the impugned show cause notice which is a Substantive Show Cause Notice to show cause as to why the amount ₹ 4,39,44,304/-, allegedly wrongly carried forward in the GST electronic credit ledger in GST TRAN-1 statement, should not be recovered under Section 73 of the Act along with interest, and why penalty should not be imposed upon the Petitioner. 9. In our view, there is no jurisdictional error in issuance of the impugned show cause notice. The matter is at the stage of the examination of the Petitioner s response to the show cause not .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||