Budget may propose creating GST tribunal

 








The government is considering setting in motion the creation of a Goods and Service Tax Appellate Tribunal (GSTAT) for the expeditious resolution of indirect tax litigations in lines with its efforts to reduce compliance burdens and promote ease of business, as taxpayers are currently forced to appeal in high courts, which is expensive and time consuming, two people aware of the development said.

Although this is the subject matter of the GST Council, the coming Union Budget, which is expected to focus on reducing compliance burden, resolving litigation, and making lives of businessmen easy, could mention a road map for the new body, they added on condition of anonymity.

“The government has been receiving complaints that GST officials often pressurise taxpayers to pay the assessed tax amounts, even if assesses contend that such assessments are arbitrary and erroneous. Unable to file a writ petition in the high court, which is cumbersome, many taxpayers pay GST dues under protest,” one of them said.

The Union finance ministry and the Central Board of Indirect Taxes and Customs (CBIC) did not respond to an e-mail query on this matter.

As per the GST law, the Union Cabinet in 2019 cleared a proposal to set up a national GSTAT and its regional benches, but there are some technical and operational issues that are being resolved,” a second person said.

The Cabinet on January 23, 2019 approved creation of GSTAT. “The National Bench of the Appellate Tribunal shall be situated at New Delhi. GSTAT shall be presided over by its president and shall consist of one technical member (Centre) and one technical member (state),” said a statement by the Cabinet Secretariat after that meeting.

As per the law, GSTAT is the forum of second appeal, and the first common forum of dispute resolution, between the Centre and states. Section 109 of the CGST Act “empowers the Centre to constitute, on the recommendation of Council, by notification, with effect from such date as may be specified therein, an Appellate Tribunal”. The law envisages the constitution of thWhile hearing a petition in this regard by advocate and social activist Amit Sahni, the Supreme Court in September last year asked the government to set up the appellate tribunal.

“The aggrieved taxpayers are constrained to file writ petition in high courts in absence of the tribunal, which is not only expensive but also overburdening these courts,” Sahni told HT

e national bench, state bench, and area benches.


Source:https://www.hindustantimes.com/budget/budget-may-propose-creating-gst-tribunal-101643412081568.html

Download our App to get knowledge updates: https://play.google.com/store/apps/details?id=com.app.gstmitra


Join Our Telegram Channel for more updates:https://t.me/praveengst
















Comments

Post a Comment

Popular posts from this blog

Centre appeals against ruling on levy of GST on maintenance charges to resident welfare associations

Image
  The Centre has preferred a writ appeal before the Madras High Court against a single judge's order that flat or villa owners paying more than ₹7,500 a month towards maintenance charges to their residents’ welfare associations must pay Goods and Services Tax (GST) at the rate of 18% only for the amount exceeding ₹7,500 and not for the entire monthly contribution. Justices T.S. Sivagnanam and Sathi Kumar Sukumara Kurup on Wednesday allowed an application filed by the Centre to dispense with production of a certified copy of the judgment passed by Justice Anita Sumanth recently and directed the Registry to list the appeal for admission in the usual course. Justice Sumanth had in July this year quashed an order passed by the Authority for Advance Ruling (AAR) on June 21, 2019 as well as a consequent circular issued by the Department of Revenue under the Union Finance Ministry on July 22, 2019 since both of them had insisted upon collecting GST for entire monthly contribution. The jud...
Read more

Seven key things to know before filing income tax return (ITR) for FY21

Image
  The last date to file income tax return for the financial year 2020-21 has been extended to September 30, 2021. Although there is more than two months left for the deadline to end, it is always recommended to complete the task as soon as possible and not to wait for the last minute. Worth mentioning here is that the income tax department last month launched a new e-filing portal (www.incometax.gov.in) to speed up the processing of tax returns. The I-T department will soon launch a mobile application, having all the features of the new portal. This year taxpayers have to take care of the following changes in the ITR filing process. 1) A new utility named JSON has been launched for filing tax return forms for FY21. At present, only three forms, ITR 1, 2 and 4 have been released. These new forms will import pre-fill data such as personal details, salary income, dividend income, interest income, capital gains and all the information available in Form 26AS. 2) Taxpayers will have the ...
Read more

Income Tax Dept detects ₹350 cr unaccounted cash receipts after raid in Rajkot

Image
  The Income Tax Department carried out a search and seizure operation on a real estate group based in Gujarat's Rajkot and found unaccounted cash receipts in various projects of approximately ₹350 crore, the Finance Ministry said on Friday. The group is among Gujarat’s prominent real estate builders and developers and is actively engaged in real estate, construction and land trading businesses in and around Rajkot. More than 40 premises were covered in the search operation. During the course of operation, many incriminating documents and digital evidences were seized indicating involvement of the group in unaccounted transactions. The IT sleuths found substantial evidence of transactions outside the regular books of accounts, unaccounted cash expenses, cash advances received and interest paid in cash. Evidence of on-money payments in real estate projects-flats, shops and land deals has also been found. Total unaccounted cash receipts in various projects of approximately ₹350 crore...
Read more