Adequate opportunity must be given before the final audit assessment report arrives

-

- Sales Tax Soham : Mashruwala

GST audit assessment is being carried out in accordance with the GST Act. Assessment is done according to the central and state authorities in whose jurisdiction the supplier falls. Many times after completion of the audit by the Assessing Officer, the draft audit report is rushed and the supplier is not given an opportunity to respond. It is imperative to provide such opportunity and sufficient time on a regular basis. In this regard, by the Odisha High Court, I Simon Ind. Ltd. VCT & GST Officer, Cuttack-II (WP(C). no 26443 of 2022) dt. 9.11.2022 has given a very interesting judgment. Which is discussed in this article.

The facts of the case

GST audit assessment conducted by the said account to the applicant. After that the account to the applicant dt. The draft audit report was given on 30.6.2022 and the final audit report was given on the same date.

Further, in the case of the applicant, the exercise of audit assessment started on 8th October 2021 and the first details were given by the applicant on 22nd March 2022, so as per the provision of section 65(4), the date of commencement of audit is considered to be 22nd March and it has to be completed within three months. Objecting to this increase, the petitioner filed a writ petition in the High Court.

Petitioner's contention

It was contended by the petitioner that as per Rule 101 (4) it is necessary to give an opportunity to the supplier to be heard before completing and finalizing the audit process and to receive a response stating that the discrepancy has been noticed in the audit. In the present case, the date of such action and the date of the draft order and the date of the final order are also the same. Further, in view of Section 65(4) and Section 65(6), the audit procedure has to be completed within three months and if it takes more than that, an order should be obtained from the Commissioner in writing to extend the time and reasonable reasons should be written.

Judgment of the High Court

The High Court considering the provisions of Section 65(4) and Section 65(6) canceled the final audit report dated 30.6.2022 issued to the petitioner. Further, the petitioner was given 30 days time to respond to the draft audit report. Further, the High Court held that the department should complete the proceedings before 21 December 22 and if that is not done and the Commissioner does not extend the time, then the draft report will be considered cancelled.

Comments

Post a Comment

Popular posts from this blog

Covid-19 effect: Significant increase in demand for second hand cars in the country

-
Image
Mumbai, May 26, 2020, Tuesday As lockdowns are being phased out across the country, the use of private vehicles using public transport to reach their destinations is on the rise. The increasing use of private vehicles has also increased the demand for cars, especially secondhand cars. Demand for second-hand cars is unprecedented. Inquiries for second-hand cars have almost doubled during the lockdown period compared to the time before the lockdown, according to a survey of about 100 dealers and car buyers. Demand for used cars at dealers has been strong in the last few weeks, and is expected to grow as the lockdown eases. Consumers are increasingly interested in buying second-hand cars, especially smaller ones, due to lower income levels and health-related safety, said an organized second-hand car dealer. Inquiries for a particular vehicle, which used to be around 15 per cent before the lockdown, have now doubled to 5 per cent. Inquiries for new vehicles have fallen from 21 per cen...
Read more

Information about soymilk and casein products

-
Image
- Industrial guidance - Dhiru Parekh Soymilk: Soybeans are converted to high-quality protein. So that high quality drinks can be made which can be easily digested. There is no difference between soymilk and cow's milk. So the conservative industries of milk processing are now using this milk to make yogurt and ice cream. Consumers also cannot tell the difference between ice cream made from cow's milk and from soy milk. Also, the production capacity of soy milk can be increased than that of cow's milk. And the price can be cheaper. Soybeans mainly contain two types of enzymes that are inactivated in the soymilk process. Leukoxidase that catalyzes the oxidation of fatty acids. And enzymes like pepsin, trypepsin are included in it. Which helps in digesting protein. Soyamilk powder manufacturing process: This is an electric pre-heater system. which basically allows fluid to flow easily in a stationless tube under low-voltages. which absorbs the energy flowing through the Ja...
Read more

Due to the ban, employment and economic activity declined by two to three percent

-
Image
New delhi date. October 7, 2019, Monday A new study has found that employment and economic activity have declined by two to three percent due to the ban. A similar situation has been observed in bank lending. The study found the decline to occur within two months of the notation announced on November 7. This is the first research on demineralization in which data on the effects of districts across India were collected. In addition to the districts, the effect of national level was also studied. Previous studies only examined the national level effect of demonitization. Thus, a full estimate of the overall effect is not known. As a result of the shortage of cash arising out of the blockade, the country's economic activity fell by approximately 8 percent in November-December 2 In the October-December period, bank credit has seen an impact of around two per cent. Cash pulls have impacted demand for a short period. The study found that there was a strong link between money and pro...
Read more