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Time limit for GST appeal

Any aggrieved person (viz., taxable person) can appeal within 3 months from the date of communication of the decision / order [Ref: Section 107(1) of the CGST Act]. However, the time limit available for the GST Department to file an appeal is 6 months from the date of communication of the decision / order [Ref: […]

No mens rea, no penalty for E-Way Bill violation: Calcutta HC

Penalty cannot be imposed under Section 129 of CGST Act if there is no intention to evade tax.

Reverse charge mechanism & ITC denial to supplier – neither arbitrary nor discriminatory: Delhi HC

Imposing reverse charge mechanism to collect tax on some services cannot be challenged under Article 14. Also, ITC is available only if the statute permits and to the extent that it does. Denying ITC to service providers (who are not liable to pay tax on output services) is founded on a rational basis which has a clear nexus with the classification since such person has no liability against which ITC can be set off.

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About

Srinivasan V is an Advocate and a Fellow Member of the Institute of Chartered Accountants of India (ICAI). He exclusively focuses on indirect taxes (encompassing the GST law and the erstwhile Service Tax law). He delivers lectures on GST law at the Training Institute of the Commercial Taxes Department (Tamil Nadu), the Southern India Regional Council (SIRC) of ICAI and its branches / study circles apart from private fora.

In the past, Srinivasan has worked with ICRA Limited (a credit rating agency and a group company of Moody’s Investors Service), ICICI Bank and BSR & Co. (a member firm of KPMG International). While working with ICRA, he was also a member of the Bank Loans (Basel-II) & SME Rating Committees.

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Adv. (CA) Srinivasan V

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