9911796707
TMI Blog2021 (2) TMI 689X X X X Extracts X X X X X X X X Extracts X X X X ..... and records of the petitioner no.1 is required initially. The corroborating evidence or statement from the officers of the petitioner no.1 is then required. After ascertaining the rate of the tax applicable in terms of the classification, the quantum has to be ascertained on the basis of the value of the transaction undertaken. For this, the books of the petitioner no.1 are required initially and after scrutiny if any discrepancies are found the corroborative statements and evidence is required. CGST Authorities have already issued two summons, one dated 7th December, 2020 and the other dated 7th January, 2021. In Annexure A to the summons dated 7th December, 2020 a list of documents required to be produced by the petitioners on 16th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken up on 13th January, 2021 and adjourned after hearing the parties to enable the learned advocate representing the respondent nos.3, 7 and 10 to take instruction as to the basic documents required by the Inquiry Officer, who is holding an inquiry under Section 70 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the CGST Act) apart from those documents which have been called for by the summons dated 7th December, 2020 and 7th January, 2021. The advocate for the respondent nos.3, 7 and 10 submits that the Inquiry Officer for the time being requires the documents mentioned in the summons dated 7th January, 2021 but may require further documents on scrutinizing those documents. On a perusal of the summons dated 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne,2017 bearing No.12/2017CT such a transaction wherein sale value of the composite supply is not more than 25% of the total value the tax leviable is Nil or 0%. If the value of the sale is more than 25% then the aggregate tax rate will be 5% comprising of 2.5% for CGS and 2.5% for SGST. SGST Authority has classified the transaction in a manner that it applies 5% rate. According to the Central Goods and Services Tax Authorities (CGST Authorities), the applicable rate is 18% as it comes under Entry No.26, Heading 9988 manufacturing services on physical inputs if the major component of the transaction is only manufacturing of Notification 11/2017. Considering this nature of dispute an enquiry proceedings is conducted by the CGST Authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mentioned in Annexure A to the summons dated 7th January, 2021 on 29th January, 2021 at 11.00 a.m. at the place notified in the summons through a proper officer. The officer holding the enquiry shall receive the documents after preliminary scrutiny thereof and should release the person producing such documents immediately thereafter without detaining him for recording any evidence. The officer shall make a full study of the documents so produced on 29th January, 2021 and shall communicate to the petitioner as to whether any further documents are required to be produced. The petitioners shall be bound to produce such documents which may further be asked for, provided the same are in their possession on the date and time that may be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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