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 ..... einafter referred to as the MGST 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 Maharashtra Goods and Services Tax Act, 2017 (hereinafter referred to as the MGST Act ) and the MGST Rules. The rule lays down the procedure for withdrawal from the composition scheme by a taxpayer who intends to withdraw from the said scheme and also the procedure for denial of option to the taxpayer to pay tax under the said scheme where he has contravened the provisions of the MGST Act or the MGST Rules. 2. In this connection, doubts have been ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M GST CMP-04 within seven days of the occurrence of such event. 4. As per sub-rule (4) of rule 6 of the MGST Rules, where the proper officer has reasons to believe that the registered person was not eligible to pay tax under section 10 of the MGST Act or has contravened the provisions of the MGST Act or the MGST 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 the MGST Act shall not be denied. Upon receipt of the reply to the show cause notice from the registered person in FORM GST CMP-06 , the proper officer shall, in accordance with the provisions of sub-rule (5) of rule 6 of the MGST Rules, issue an order in FORM GST CMP-07 within a period of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to pay tax under section 9 of the MGST Act from the date of issue of the order in FORM GST CMP-07 . Provisions of section of the MGST Act shall apply for claiming credit on inputs held in stock, inputs 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. 6. Difficulty, if any, in implementation of this Circular may be brought to the notice of the office of the Commissioner of State Tax, Maharashtra State. Yours Faithfully, (Rajiv Jalota) Commissioner of State Tax, (GST), Maharashtra State, Mumbai. No. JC (HQ)-1/GST/2018/CBIC Circular(s)/ADM-8 Mumbai dated 31 st Dec. 2018 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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