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

2019 (12) TMI 162

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he 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. 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 notice - no interference is called for a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 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 Service, Value of Invoices, Cenvat availed. 2. Month wise Purchase Invoices in respect of Capital Goods w.e.f. 01.04.2016 to 30.06.2017 alongwith a chart showing details of invoices, description of Capital Goods, Value of Invoices, Cenvat availed. 3. Electronic Credit Ledger, Electronic Cash Ledger and Electronic Liability Register for the month of July, 2017. 3. The Petitioner sent its response thereto, providing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... mpliance 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 sent by the Petitioner on 29.08.2018 in pursuance of a meeting held with the Respondents on 21.08.2018. The Petitioner was again issued a notice on 31.01.2019 after examining the Petitioner s earlier replies sent on 21.08.2018 and 20.11.2018, to which the Petitioner again replied on 25.02.2019. Finally, the impugned show cause notice No. 4/2019-20 has been issued to the Petitioner on 23.04.2019 under Section 73 of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 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 33,709 40,11,300 Original return for Feb & March 17 filed on 24.04.17 was revised on 22.07.17 (post GST) but no credit claimed therein March 17 1,60,56,794 5,73,457 5,73,457 1,72,03,708 April 17 57,45,907 2,05,211 2,05,211 61,56,329 - May 17 82,11,799 2,93,279 2,93,279 87,98,356 - June 17 89,07,055 3,18,109 3,18,109 95,43,273 - Total (import RCM) 4,26,65,438 15,23,764 15,23,764 4,57,12,006 - Other RCM 5,36,898 - CV .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... inal 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 & others taken (excluding Cess) Cenvat credit utilized (excluding Cess) Closing Balance Remarks Feb 17 89,74,707 1 ,02,45,934 1,41,07,557 1,41,07,5 57 Nil As per revised return filed on 22.07.17 March 17 1,65,77,403 1,79,43,587 1,37,73,239 1,37,73,2 39 Nil April to June 2017 2,39,46,285 2,77,98,689 4,77,66,719 4,77,66,7 19 Nil As per original return filed on 13.08.17 April to June 17 2,39,46,285 2,77,98,689 9,17,14,255 4 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

|| 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.
|| Site Map - Recent || Site Map ||