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Corporate News *   RTI applicant in Madhya Pradesh asked to pay GST for information *   India’s GST collection drops to Rs93,960cr in August *   Karnataka Taxmen arrest two Bengaluru businessmen in GST related fraud *  Govt may soon impose IGST on ex-factory sales; decision in September. *  Niti Aayog Suggests Slashing Import Duty, GST On Gold *  Kerala Floods: Relief Goods Exempted From Customs Duty, IGST *  No GST On Petrol, Diesel In Near Future As Centre, States Not In Favour. *  Kerala plans to raise Rs 7.5 bn through hiked liquor duty & 10% cess on GST. *  Orissa HC directs authorities not to take action against importers on GST. *  Firms can't be selective in passing on rate cut benefits under GST regime *  Technical glitches continue to haunt the Goods and Services Tax Network *  GST Annual Return: Everything you need to know about the format, eligibility & rules around GSTR 9  *  Post GST, J&K’s own tax collection drops by Rs 1,300 crore since July 2017 *  GST Council may replace 12% and 18% slabs with 14-15% one: Sushil Modi *  Domino’s lands in trouble for not passing on GST cuts *   Higher oil prices, GST may boost states revenue by Rs 37,400 crore in FY19  *   These taxpayers no more at mercy of GST intermediaries *  Budget 2018: No fiscal derailment, but a lot rides on GST; expect caution from RBI *  GST: E-way bill implementation deferred due to glitches *  Homebuyers must avoid traps on the name of NO GST Impact *   Govt will formulate a comprehensive gold policy to develop gold as an asset class *   Government to evolve to asign a unique id to every individual enterprise. *   1.48 lakh crore for rail budget. *   7148 Crore to be sanctioned to textile sector. *   3700 corore for SME industry *  16000 crore for free electricity connection *   Government ignored warnings over GST rollout: sources *  GSTR 3B questionaire introduced- To be filled before filing return *  Advisory mail  to all the taxpayers received from GSTN *   Advisory group on GST submits report, suggests changes
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Publish Date: 05 Mar, 2016
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LIMITATION FOR ISSUING SCN UNDER SECTION 73 ENHANCED

LIMITATION FOR ISSUING SCN UNDER SECTION 73 ENHANCED

Or
PROS AND CONS OF AMENDED SECTION 73

 

An article by:-
CA PRADEEP JAIN &
CA NEETU SUKHWANI

 
It was proposed in the Central Excise Tariff Conference that the time limit for issuing show cause notice under normal period of limitation should be increased and it appears that the suggestion has been considered by the government in this Budget. In this budget, the government has amended section 73 of the Finance Act wherein the time limit for issuing show cause notice under normal period of limitation has been increased from the present ‘eighteen months’ to ‘thirty months’ from the relevant date.
 
The effect of increase in time limit is favourable or adverse decision of the government from the point of view of assesses will be known in the time to come. However, there are both pros and cons of the amendment made in section 73 of the Finance Act. The favourable and unfavourable consequences of the amendment are discussed in the succeeding paragraphs.
 
The advantage of enhancing the time limit to issue normal period of limitation may be viewed as beneficial in the sense that the probability of assessees availing the benefit of ‘no penalty’ by concluding the proceedings under section 76 or proviso to section 11AC (1)(a) may increase. This is for the reason that the show cause notice issued within normal period of limitation generally would not allege fraud, suppression of facts or wilful misstatement with intention to evade payment of duty. Consequently, one may believe that the benefit of waiver from penalties may be extended on comparatively large scale. However, it is also not hidden that the penalty provisions of section 78 or section 11AC (1)(c) are always invoked whether there is allegation of fraud, collusion or wilful misstatement or suppression of facts or not.
 
One may also contend that increasing time limit for issuing show cause notice under normal period of limitation may be perceived as promoting lethargic attitude of the revenue authorities. It is commonly observed that the show cause notices pertaining to audit objections are also issued after 3-4 years by invoking extended period of limitation. Consequently, since the time limit to issue show cause notice under normal period of limitation is increased to 30 months, the policy of delay in issuance of show cause notices would continue even more. Moreover, the thin gap between the normal period of limitation and the extended period of limitation would make the provision of normal period of limitation redundant as 99%, the revenue authorities will have tendency to invoke larger period of limitation.
 
With the government planning to introduce unified taxation reform GST in the coming year, the provisions regarding time limit to issue show cause notice under normal period of limitation should be kept at minimum like one year as all the data pertaining to tax credit, payments, returns will be electronically filed and accordingly, it would be expected by the government that scrutiny and verification procedures are carried on speedily. Providing enhanced time limit to issue show cause notice would encourage unnecessary delays in verification and assessment mechanism. 

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