Goods and Services Tax – GST – By: – Alkesh Jani – Dated:- 3-5-2018 Last Replied Date:- 4-5-2018 – The country s biggest tax reform the GST. The trade had been waiting since so long for this tax reform. The great marathon took place all over the country by organizing various seminars, awareness, programs and what not, by the Government, intellectual person and other agencies, for GST. Today, after the completion of one Accounting year, still some key areas which requires special attention, are addressed below The GST law and rules, says to be submitted online on the common portal or through facilitation center notified by the Commissioner. The registered tax payers as recorded on 10.12.2017, is more than 97 lakhs, to which the capacity of server of GST portal is 80 thousand, the website errors and downtime of server or technical problem makes tax payers or consultant or person responsible for GST matters of the firm, are unable to file their returns and / or application before due dat
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used which indicates mandatory in nature, further, Circular No. 8/8/2017-GST, dated 4-10-2017, which states that c) Form for bond/LUT: Till the time FORM GST RFD-11 is available on the common portal, the registered person (exporters) may download the FORM GST RFD-11 from the website of the Central Board of Excise and Customs (www.cbec.gov.in) and furnish the duly filled form to the jurisdictional Deputy/Assistant Commissioner having jurisdiction over their principal place of business. The LUT shall be furnished on the letter head of the registered person, in duplicate, and it shall be executed by the working partner, the Managing Director or the Company Secretary or the proprietor or by a person duly authorised by such working partner or Board of Directors of such company or proprietor. This was effective before March-2018, as the validity of LUT/Bond is of one accounting year. The filing of LUT/Bond was made available online and this created confusion among the trade and stakeholders,
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ect over Notification. As this is beneficial to tax payers and exports, we do not have any objection or we welcomed that step taken by the Government. But legally is this acceptable? As per law and rules made there under, (Normal) registered tax payers are required to file three returns i.e. GSTR-1, GSTR-2 and GSTR-3, the return GSTR-2 is auto populated, but is required to be filed. After the span of 10 months, the GSTR-2 and GSTR-3 are kept in abeyance and a committee will decide before June of this year, keeping awake the tax payers and consultant. The most eye catching scenario is of GSTR-1, the data fields are formulated in such a way that system has no work to do. Each bifurcation of data are on the strong shoulders of taxpayers and person responsible to file the return. As there are various issued to be addressed, but the last for this article is cancellation of registered person who has been migrated from the erstwhile law. The small traders or service providers, whose turnover
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the Government the facts at the ground level. To conclude I would say that Intellectuals should not become NPA of the society, this does not means that Intellectuals are not making efforts, but I would only few are making the efforts. It is our prime duty to bring to the notice of the Government, so that better result is achieved and our country may reach from developing to DEVELOPED country. – Reply By KASTURI SETHI – The Reply = Sh.Alkesh Ji,Nice article with good drafting. I request you to highlight more deficiency in Common Portal System and implementation of GST in public interest. Also send a copy of such article to the Chairman, GST Council. It gives me immense pleasure to see a youngster working hard. Keep it up. K.L.SETHI – Reply By DR.MARIAPPAN GOVINDARAJAN – The Reply = In such cases the assessee should invoke writ jurisdiction and claim extraordinary cost and compensation from GSTIN. – Reply By Alkesh Jani – The Reply = Sir, I thank both the intellectuals for giving their
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