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Cabinet approves 309 Km long new line between Mumbai and IndoreKGST - As is trite law, a suit filed prior has to be adjudicated so as to bar a suit filed subsequently & that doctrine of res judicata is inapplicable without a previous adjudication: HCCabinet approves seven major schemes for improving farmers' lives and livelihoodsGST - Adjournment was granted for two weeks but the proper officer passed the orders before the period was over - Orders set aside and matter remanded: HCCabinet approves one more semiconductor unit under ISMTurkey keen to join BRICS in effort to look beyond WestGST - Shipping bill can be considered as an application for refund of IGST in terms of rule 96: HCCabinet approves Digital Agriculture Mission with outlay of Rs. 2817 CroreIndia’s manufacturing PMI marginally down to 57.5 in AugustGST - Petitioner is permitted to pay amounts assessed in 24 equal monthly instalments together with interest - Recovery proceedings to be kept in abeyance: HCCCPA imposes penalty of Rs 5 Lakh on Shankar IAS AcademySC sets up Judge-headed panel to sort out protesting farmers’ grievancesGST - S.80 - Instalment facility granted to pay defaulted tax - If petitioner commits any default in payment of even a single instalment, it is open to respondents to proceed for recovery: HCPM to be on official tour to Singapore & Brunei between Sept 3 to 5GST - Allegation is that petitioner availed ITC in contravention of s.16 - Petitioner submits that they paid output tax without utilising ITC in question - Matter remanded: HCCBDT issues transfer order of 17 Addl / JCITsCBDT promotes 6 IRS officers as CCITThe making of an 'Input Service Distributor'President Murmu unwraps new Insignia and flag of Supreme Court of IndiaCBIC amends Sea Cargo Manifest & Transshipment Regulations‘Kavach’ system to be deployed in mission mode: Rail MantriMoS unveils New Single Unified Pension Form for Senior CitizensGST mop-up in August month rises to Rs 1.75 lakh crore

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Departmental Litigation System - Flaws and Remedies thereof


Audit and Litigation Few further improvement

I agree with the various issues & suggestions by the author with regard to audit & consequent minimization of litigation under indirect tax. We would like to further add the following point for consideration.
• First of all, does it actually require having multiple Audit by various departments in Central Excise & Service Tax i.e CERA Audit, EA-2000 audit, Preventive Audit etc?
• Considering it actually require to have audit by various aforesaid wing then definitely not for the same period or same financial year. There should be a mechanism & co-ordination among various wing of excise & service tax department that once audit is completed for a particular period by any wings of the excise & service tax department says CERA audit then should not have further audit for the same period by other wing of the department say EA-2000 audit or vice –versa.
• With regard to adjudication, there should be some timelines before adjudicating authority preferably upto commissioner appeal to decide the matter. May be on similar time frame as prescribed for issuance of SCN.
• Also once personal hearing completed before adjudicating authority then the relating Order should be passed at the earliest possible time and should not be have further personal hearing for the same matter even if there is change in adjudicating authority due to transfer, promotion etc, It is noticed that assessee appeared multiple times before adjudicating authority for the same matter without having order in hand.

Thanks


PRAKASH JHA 25/02/2015

 

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