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TMI BlogClarification regarding procedure for recovery of arrears under the existing law and reversal of inadmissible input tax credit.X X X X Extracts X X X X X X X X Extracts X X X X ..... neously and recovery of arrears of entry tax and other taxes leviable under the existing law and related interest, penalty or late fee payable arising as a result of the proceedings of assessment, appeal, revision, review and reference etc. initiated before, on or after the appointed date under the provisions of the existing law or due to revision of return under the existing law. In this regard, representations have been received seeking clarification on the procedure for recovery of such arrears in the GST regime. The issues have been examined and to ensure uniformity in the implementation of the provisions of the law across the Proper officers (i.e., jurisdictional officers), the Commissioner, in exercise of its powers conferred under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same shall be recovered as an arrear of tax under the Goa GST Act. iii) Recovery of arrears of value added tax or of entry tax and other taxes leviable under the existing law: a. Where in pursuance of an assessment proceedings instituted, whether before, on or after the appointed day; under the existing law, any amount of tax, interest, fine or penalty becomes recoverable, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under the Goa GST Act [ Section 142(8)(a)of the Goa GST Act refers ]. b. If due to any proceedings of appeal, review or reference relating to output tax liability initiated, whether before, on or after the appointed day, under the existing law, any amount of output tax bec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dger of the registered person, and the same shall be recorded in Part II of the Electronic Liability Register ( FORM GST PMT-01 ). (b) The arrears of value added tax, or wrongly availed input tax credit thereof or of entry tax and other taxes leviable under the existing law arising out of any of the situations discussed in para 2 above, shall, unless recovered under the existing law, be recovered as State tax liability to be paid through the utilization of amounts available in the electronic credit ledger or electronic cash ledger of the registered person, and the same shall be recorded in Part II of the Electronic Liability Register ( FORM GST PMT-01 ). 3.2 Recovery of interest, penalty and late fee payable: (a) The arrears ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... registered under the Goa GST Act, 2017: Such arrears shall be recovered in cash, under the provisions of the existing law and the payment of the same shall be made as per the procedure mentioned in para 3.3 supra. 4. Difficulty, if any, in implementation of this circular may please be brought to the notice of the notice of the Commisisoner. (Dipak M. Bandekar) Commissioner of Commercial Taxes Note : Similar circular is issued under the Central Goods and Services Tax Act, 2017 by the GST Policy Wing, Central Board of Indirect Taxes and Customs, Department of Revenue, Ministry of Finance, GOI, New Delhi vide Circular No. 42/16/2018-GST dated 13/04/2018. - Circular - Trade Notice - Public Notice - Instructions - Office ..... X X X X Extracts X X X X X X X X Extracts X X X X
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