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 ..... t. Kinnour, H.P Dated Shimla-9 the 13th March, 2019. Subject: Denial of composition option by tax authorities and effective date thereof. Madam/Sir, Rule 6 of the Himachal Pradesh Goods and Services Tax Rules, 2017 (hereinafter referred to as the "HPGST 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 Himachal Pradesh Goods and Services Tax Act, 2017 (hereinafter referred to as the "HPGST Act") and the HPGST Rules. The rule lays down the procedure for withdrawal from the composition scheme by a taxpayer who intends to withdraw from the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sition scheme shall, before the date of such withdrawal, file an application in FORM GST CMP-04 on the common portal. He shall file intimation for withdrawal from the scheme in FORM GST CMP-04 within seven days of the occurrence of such event. 4. As per sub-rule (4) of rule 6 of the HPGST Rules, where the proper officer has reasons to believe that the registered person was not eligible to pay tax under section 10 of the HPGST Act or has contravened the provisions of the HPGST Act or the HPGST 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 HPGST Act shall not be denied. Upon receipt of the reply to the show cause notice from the registered person in FORM G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the date of contravention of provisions till the date of issue of order in FORM GST CMP-07. It is also clarified that the registered person shall be liable to pay tax under section 9 of the HPGST Act from the date of issue of the order in FORM GST CMP-07. Provisions of section 18(1)(c) of the HPGST 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. It is requested that suitable trade notices may be issued to publicize the contents of this circular. 7. Difficulties, if any, faced in implementation of the above instructions may be brought to the notice of the Headquarter im ..... X X X X Extracts X X X X X X X X Extracts X X X X
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