Author: admin_gst

Can refund be withheld by the department?

Can refund be withheld by the department?
Question 11
Bill
Refunds
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 11. Can refund be withheld by the department?
Ans. Yes, refund can be withheld in the following circumstances:
* If the registered dealer has not submitted return(s), till he files the return(s);
* If the registered taxable person is required to pay any tax, interest or penalty which has not been stayed by the appellate authority/Tribunal/ court, till he

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Is there any time limit for sanctioning of refund?

Is there any time limit for sanctioning of refund?
Question 10
Bill
Refunds
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 10. Is there any time limit for sanctioning of refund?
Ans. Yes, it is 90 days in all cases, excepting in a case where the refund to the extent of 80% of the total amount claimed is refundable to certain categories of exporters referred to in sub-section (4A) of section 38. If refund is not sanctioned within the period of three months, interest will

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Whether purchases made by Embassies or UN be taxed or exempted?

Whether purchases made by Embassies or UN be taxed or exempted?
Question 6
Bill
Refunds
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 6. Whether purchases made by Embassies or UN be taxed or exempted?
Ans. It will be taxed, which later on can be claimed as refund by them.
[The United Nations Organization and Consulates or Embassies are required to take a Unique Identity Number and purchases made by them will be reflected against their number in the return of outward s

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Suppose a taxable person has paid IGST/ CGST/SGST mistakenly as an Interstate/intrastate supply, but the nature of which is subsequently clarified. Can the CGST/SGST be adjusted against wrongly paid IGST or vice versa?

Suppose a taxable person has paid IGST/ CGST/SGST mistakenly as an Interstate/intrastate supply, but the nature of which is subsequently clarified. Can the CGST/SGST be adjusted against wrongly paid IGST or vice versa?
Question 5
Bill
Refunds
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 5. Suppose a taxable person has paid IGST/ CGST/SGST mistakenly as an Interstate/intrastate supply, but the nature of which is subsequently clarified. Can the CGST/SGST be adjusted again

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Can unutilized Input tax credit be allowed as refund?

Can unutilized Input tax credit be allowed as refund?
Question 2
Bill
Refunds
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 2. Can unutilized Input tax credit be allowed as refund?
Ans. Yes, but only in following cases as given in sub-section (2) of section 38:-
(i) Exports of goods on which export duty is not payable;
(ii) Exports of services;
(iii) Where credit has accumulated on account of rate of tax on inputs being higher than the rate of taxes on Outputs.

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What is refund?

What is refund?
Question 1
Bill
Refunds
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 1. What is refund?
Ans. Refund has been discussed in section 38 of the MGL. “Refund” includes refund of tax on goods and/or services exported out of India or on inputs or input services used in the goods and/or services which are exported out of India, or refund of tax on the supply of goods regarded as deemed exports, or refund of unutilized input tax credit as provided under section

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Under what circumstances can a special audit be instituted?

Under what circumstances can a special audit be instituted?
Question 22
Bill
Assessment and Audit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 22. Under what circumstances can a special audit be instituted?
Ans. A special audit can be instituted in limited circumstances where during scrutiny, investigation, etc. it comes to the notice that a case is complex or the revenue stake is high. This power is given in section 50 of MGL.
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Statute, statutory provisions legi

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What would be the action by the proper officer upon conclusion of the audit?

What would be the action by the proper officer upon conclusion of the audit?
Question 21
Bill
Assessment and Audit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 21. What would be the action by the proper officer upon conclusion of the audit?
Ans. The proper officer must without delay inform the taxable person about his findings, reasons for findings and the taxable person's rights and obligations in respect of such findings.
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Statute, statutory provisions legislat

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What are the obligations of the taxable person when he receives the notice of audit?

What are the obligations of the taxable person when he receives the notice of audit?
Question 20
Bill
Assessment and Audit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 20. What are the obligations of the taxable person when he receives the notice of audit?
Ans. The taxable person is required to:
a) facilitate the verification of accounts/records available or requisitioned by the authorities,
b) provide such information as the authorities may require for the conduct

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What is meant by commencement of audit?

What is meant by commencement of audit?
Question 19
Bill
Assessment and Audit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 19. What is meant by commencement of audit?
Ans. The term 'commencement of audit' is important because audit has to be completed within a given time frame in reference to this date of commencement. Commencement of audit means the later of the following:
a) the date on which the records/accounts called for by the audit authorities are made availab

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What is the period within which the audit is to be completed?

What is the period within which the audit is to be completed?
Question 18
Bill
Assessment and Audit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 18. What is the period within which the audit is to be completed?
Ans. The audit is required to be completed within 3 months from the date of commencement of audit or within a further period of a maximum of 6 months subject to the approval of the Commissioner.
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Statute, statutory provisions legislation, law, enactment, A

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Who can conduct audit of taxpayers?

Who can conduct audit of taxpayers?
Question 16
Bill
Assessment and Audit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 16. Who can conduct audit of taxpayers?
Ans. As per section 49 of MGL, any officer of CGST or SGST authorized by his Commissioner by a general or specific order may conduct audit of a taxpayer. The frequency and manner of audit will be prescribed in due course.
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Statute, statutory provisions legislation, law, enactment, Acts, Rules, Regulations,

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Is summary assessment order to be necessarily passed against the taxable person?

Is summary assessment order to be necessarily passed against the taxable person?
Question 15
Bill
Assessment and Audit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 15. Is summary assessment order to be necessarily passed against the taxable person?
Ans. No. In certain cases like when goods are under transportation or are stored in a warehouse, and the taxable person in respect of such goods cannot be ascertained, the person in charge of such goods shall be deemed to be

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Other than appellate remedy, is there any other recourse available to the taxpayer against a summary assessment order?

Other than appellate remedy, is there any other recourse available to the taxpayer against a summary assessment order?
Question 14
Bill
Assessment and Audit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 14. Other than appellate remedy, is there any other recourse available to the taxpayer against a summary assessment order?
Ans. A taxable person against whom a summary assessment order has been passed can apply for its withdrawal to the jurisdictional Additional/Joint Co

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