9911796707
TMI BlogDenial of composition option by tax authorities and effective date thereof.X X X X Extracts X X X X X X X X Extracts X X X X ..... ies and effective date thereof. Rule 6 of the West Bengal Goods and Services Tax Rules, 2017 (hereinafter referred to as the WBGST Rules ) deals with the validity of the composition levy. As per the said rule, the option exercised by a registered person to pay tax under the composition scheme shall remain valid so long as he satisfies the conditions mentioned in section 10 of the West Bengal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y such option to the composition taxpayer. Further, clarification has been sought regarding the follow up action to be taken by the tax authorities when the composition option is denied to the taxpayer retrospectively. In order to clarify these issues and to ensure uniformity in the implementation of the provisions of the law across field formations (i.e., jurisdictional officers), the Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch event. 4. As per sub-rule (4) of rule 6 of the WBGST Rules, where the proper officer has reasons to believe that the registered person was not eligible to pay tax under section 10 of the WBGST Act or has contravened the provisions of the WBGST Act or the WBGST Rules, he may issue a notice to such person in FORM GST CMP-05 to show cause as to why the option to pay tax under section 10 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mencement of the financial year in which such intimation/application for withdrawal is being filed. If at any stage it is found that he has contravened any of the provisions of the WBGST Act or the WBGST Rules, action may be initiated for recovery of tax, interest and penalty. In case of denial of option by the tax authorities, the effective date of such denial shall be from a date, including any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... puts contained in semi-finished or finished goods held in stock and on capital goods on the date immediately preceding the date of issue of the order. 4. Difficulties, if any, faced in implementation of the above instructions may be brought to the notice of the Commissioner. Sd/- (Smaraki Mahapatra) Commissioner, State Tax, West Bengal Memo. 543 CT/PRO 3C/PRO/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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