Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

GST Update on Draft Rules For Filing Appeals Under GST Regime

GST Update on Draft Rules For Filing Appeals Under GST Regime

The government has recently released the draft rules for filing appeals under GST regime. The GST law proposes to digitize all the activities as far as possible and this is evident from the proposals for monitoring the movement of goods electronically by way of E-Way bills. Furthermore, since the input tax credit availment is also dependent on matching of data on common portal, it was expected that filing of appeals will also be online under the GST regime and this is also indicated from the Draft Appeal Rules. However, complete paperless appeals as expected will not be reality in the GST era.

The draft appeal rules prescribe that appeal to appellate authority or the appellate tribunal may be filed electronically by the assessees after which a provisional acknowledgement shall be issued to them immediately. The appeal will also be signed and verified in the prescribed manner. However, a hard copy of the appeal will be required to be submitted in triplicate to the appellate authority and shall be accompanied by a certified copy of the decision or order appealed against along with the supporting documents within seven days of filing the appeal electronically. Thereafter, a final acknowledgement indicating appeal number will be issued by the appellate authority. Moreover, it is also specified that if the hard copy and documents are submitted within seven days from the date of online filing of appeal, date of provisional acknowledgement shall be the date of filing appeal otherwise the date of submission of documents shall be considered as the date of filing of appeal. Hence, the appeal shall be treated as final only when the final acknowledgement indicating appeal number is issued. This will have the effect that online filing of appeal is not suffice and rather submitting hard copy of appeal along with certified copy of order and supporting documents within stipulated time is more important so as to avoid declaration of appeal as time barred.

The picture regarding filing of appeals in GST is similar to the present scenario except that the assessees have been given option to file appeal electronically but their appeal will not be considered as filed unless and until the hard copy along with certified copy and supporting documents are filed in triplicate to the appellate authority. Hence, the paperwork will not reduce in the GST era as apart from filing online appeal, the assessee will have to comply with the formalities as presently in force.

It is pertinent to mention here that section 169 of the CGST Act, 2017 relating to service of notice prescribes the modes of communicating notice, order or decision and one of the modes include sending communication through e-mail or making the order available on common portal. In such a case, when the show cause notice and the order both are available on common portal, it is not understandable as to why the assessees are being compelled to send certified hard copies of orders even after online filing of appeals. Moreover, it was apprehended that in the era of technology, personal hearings would also be convened electronically through video conferencing without requiring the authorised representative to personally attend the hearing but all such expectations have gone in vain. It appears that the complete digitization as expected with respect to filing of appeals is only a myth and the assessees will be required to comply with documentary formalities even in the GST regime.

 

Visit us at www.capradeepjain.com and also at
https://www.facebook.com/GSTTODAYBYPRADEEPJAIN/

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com