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KGST - 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: HCGST - Adjournment was granted for two weeks but the proper officer passed the orders before the period was over - Orders set aside and matter remanded: HCGST - Shipping bill can be considered as an application for refund of IGST in terms of rule 96: HCGST - Petitioner is permitted to pay amounts assessed in 24 equal monthly instalments together with interest - Recovery proceedings to be kept in abeyance: HCGST - 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: HCGST - 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 / JCITsPMLA - Statement given by accused, while under custody in PMLA case to investigating officers of ED incriminating oneself in another money laundering case would be inadmissible in evidence: SC (See 'TIOLCorplaws')CBDT 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 MantriI-T - Re-assessment cannot be commenced when there is no failure on assessee's part to make full and true disclosure of material facts during original assessment: HCHeavy rains in AP & Telangana; 26 NDRF teams deployedMoS unveils New Single Unified Pension Form for Senior CitizensGST mop-up in August month rises to Rs 1.75 lakh croreI-T - Issue as to whether or not there was in fact a suppression, is question of fact that has to be determined by AO/ DRP before whom assessee has admittedly filed his objections, and cannot lie before writ court: HCPresident Murmu says Culture of adjournment needs to be amended for speedier justiceIndia Post Payments Bank providing financial inclusion to remote areas17 killed in Russian copter crashI-T - Amount paid by assessee for obtaining mining rights in e-auctions, can be countenanced as income of assessee: HCOMCs hike LPC cylinders cost by Rs 39India, Malaysia ink MoU for strengthening Cooperation in Tourism sectorFire at fireworks factor in TN - 2 killed & 4 injuredI-T- Theory of human behaviour and preponderance of probabilities cannot be cited as a basis to turn a blind eye to the evidence produced by respondent: ITATIndia-China 1962 war era smoke bomb found in Assam; Cops safely defuse itMandaviya calls for transparent System for EPF DeductionsForbes ranks Princeton Univ as No 1 in USCX - The provisions of Section 11B of Central Excise Act, 1944 are not applicable for deposit lying in PLA account for refund and same is to be treated as deposit: CESTAT

MESSAGE BOARD

   

GST Bill half-passed but FM needs to guard against serious fault lines!


Prepare the ground before sowing the seeds

The Author's apprehension and advocate Sri B N Gururaj's comments are the clear indicators that as on date we have not prepared the ground properly for implementation of GST. But if proper steps are taken on war-footing, I am of the firm belief that GST regime could be started successfully by April 2016. As a first step the draft laws, if already prepared, have to be tabled and circulated for comments from all concerned. GST is a major change effecting every citizen and all the commercial activities of our Nation, and in a democratic set-up like ours, it is desired that everyone is made aware of the details of the new tax regime that is to be unleashed. The technological frame work prepared to comply with the proposed legal framework should be disclosed in advance so that the organisations / persons concerned will get sufficient time to fine tune their existing infrastructure for successful transition and compliance to new tax regime. Further the officers designated for the implementation must posess a fair knowledge of law as well as competancy in use of IT tools for analysis of the data. This type of techno-legal tasks can be carried out effectively only by specialised teams.
Therefore officers having knowledge in computers and law and having keen learning abilities, irrespective of cadre and rank, should be identified and trained in advance. The present approach by the departments, to train every officer for every task, is a total failure as the last 20 years spent on implementing ACES and CAAP utilities indicate. Therefore it is wise to identify such capable officers and train them for specific tasks. By doing so we can get , using minimum resources maximum and fruitful results. The failed ACES presently in place must be replaced as the scenario and the purpose of handling huge data in GST regime is totally different. Otherwise the officers are made to put up with bad tools once again, which is avoidable.

I also take this opportunity to recall the talks by Sri Gururaj B N in GST workshops conducted at NACEN on 'industrial perspective of a very good GST' ,but it is sad that we have not yet reached that stage even after 10 years of deliberations. It is time for everyone to gear up and bring this reform on priority without any glitches. In this regard author's apprehension about the defeat of the purpose in implementation of GST due to introduction of 1% non-vatable additional tax on interstate sales is understandable. instead the suggestion to hike SGST for a limited period by enacting suitable law is the right way forward as the philosophy of GST remains intact.
Let us work in the positive frame of mind so that our country gets the best and transparent tax system.

M G Kodandaram
Superintendent
NACEN Bengaluru.

madihally kodandaram 09/05/2015

 

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