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TMI Blog16(4) time limitX X X X Extracts X X X X X X X X Extracts X X X X ..... 16(4) time limit X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Now , what should the tax payer do - Wait for the notification (Is there a chance of it coming within 3 months is another question) and then go for a rectification ? File an Appeal ? Reply By Alkesh Jani: The Reply: Shri, I am of the view that file an appeal. Thanks Reply By Sadanand Bulbule: The Reply: Dear Sir As rightly expressed by you, wait for next 3 months.Hopefully effective notification would be in place entitling the desired benefit under Section 16[5] by that time. Filing of an appeal is an expensive in terms of deposit of 10% disputed tax amount, which at this point of time does not warrant. Reply By KASTURI SETHI: The Reply: Dear Querist, Notification is expected to be issued at any time. It is not right time t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be pro-active at this stage. Waiting for is the right decision. The grounds of appeal will be buttressed if you file appeal after the issuance of the notification. Reply By KASTURI SETHI: The Reply: If you wait for the notification, no harm is feared. Rather, waiting for will yield better results in your favour. Reply By Sadanand Bulbule: The Reply: Dear querist I agree with Sh.Sethi Sir.Go with his opinion. Reply By Girish Kumar: The Reply: The Taxpayer has to wait for the notification and guidance to the GST officers in this issue. No need to worry about the order passed as GST council is already acknowledge the issue and Finance act is already passed with changes. Reply By Kapil Goplani: The Reply: My client is also facing s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame issue, but payment need to be made till 27/9/24 as per order, what is remedy after that, If officer attached bank account / itc blokage there will be big issue and what is proper timeline for filling appeal if go for this option Reply By Sadanand Bulbule: The Reply: Dear Sir Even the Hon'ble High Courts have taken such recovery proceedings seriously by-passing the object of Section 16 [5]. You can appraise legal position to the authority in writing & request to keep such proceedings in abeyance. Officers having judicial discipline would act positively and others may reject it and proceed to meet the "collection" targets. Reply By KASTURI SETHI: The Reply: I concur with the views of Sh. Sadanand Bulbule, Sir Ji. In add ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition to his advice, I further opine as under : (i) The date 27.09.24 is still far away. Hopefully, notification may be issued much prior to 27.09.24. (ii) Further, regarding judicial discipline, here is the judgement of the Supreme Court in the case of UOI Versus KAMLAKSHI FINANCE CORPORATION LTD. - 1991 (9) TMI 72 - SUPREME COURT. The orders of Higher Authorities/Higher Courts are binding on the lower authorities (Adjudicating Authorities) and Appellate Authorities (Commissioner (Appeals) and Appellate Tribunals. The Supreme Court had held as under :- "Precedent - Principles of judicial discipline - Orders passed by Collector (Appeals) and Tribunal binding on all adjudicating and appellate authorities within their respective jurisdict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion. It cannot be too vehemently emphasised that it is of utmost importance that, in disposing of the quasi-judicial issues before them revenue officers are bound by the decisions of the appellate authorities. The order of the Appellate Collector is binding on the Assistant Collectors working within his jurisdiction and the order of the Tribunal is binding upon the Assistant Collectors and the Appellate Collectors who function under the jurisdiction of the Tribunal. [para 6]". The latest High Court judgement and above Supreme Court judgement should be referred to while making representation to the concerned authorities of the CGST/SGST department. Reply By Alkesh Jani: The Reply: Dear Experts, I have expressed the opinion that it is p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rudent to file an appeal in the event that a notification is issued within three months of the order. This approach is advisable as it ensures compliance with the timeline, thereby safeguarding the taxpayer's interests. However, if the notification is not issued within this period, even after accounting for the available condonation period, the taxpayer may encounter significant obstacles in seeking justice. Additionally, under the provisions of the Finance Act, 2024, the taxpayer is obligated to pay the assessed tax amount. In this context, the pre-deposit made may be adjusted against the tax liability, and all recovery proceedings are considered stayed. Please refer to Circular No. 224/18/2024-GST for further clarification on this ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter. I acknowledge and appreciate the insightful views shared by our experts, which represent the best available guidance. Thank you. Reply By Sadanand Bulbule: The Reply: Dear Jani Sir Very good gesture. Deserves appreciation. Reply By KASTURI SETHI: The Reply: Sh.Sadanand Bulbule Ji, Sir, I fully agree with your views at serial no.11 dated 31.8.2024. (2) Sh. Alkesh Jani Ji is synonymous with discipline, fellowship, sportmanspirit, no-confrontation, humbleness & hunger-for-learning. How to respect the seniors is reflected in his ALL replies. All his replies prove these virtues inherent in his personality. (3) "How a player behaves in the playground is his/her real character" -------Sachin Tendulkar, famous cricketer. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (4) There was a news day before yesterday that the notification regarding effective date will be issued after GST Council meeting to be held on 09.09.2024. So no person will suffer. The fear of crossing the date will vanish. Reply By Sadanand Bulbule: The Reply: Dear Sh Sethi Sir ji "We do not get what we desire, but we get what we are". There is no respect for others without humility within one's self. Nothing is more beautiful than the humility. You have rightly phrased it Sir. Reply By KASTURI SETHI: The Reply: Sh. Sadanand Bulbule Ji, Sir, You are absolutely right. Humility is also one of the major characteristics of personality Reply By VENU K: The Reply: Thank you all for the illuminating discussion. Let us ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pe the Department, finally gives clarity on the issue, and once it is notified ,it would not lead to further rounds of litigation on the subject. Reply By Alkesh Jani: The Reply: Shri Kasturji Sir & Shri Sadanand Ji, Thank you for such a meaningful recognition. It is my privilege to uphold these values, and your kind words serve as a powerful reminder of why I strive to do so. Your appreciation inspires me to continue cultivating these virtues in all aspects of life, It is you all who have shaped, sharpened and shined me from coal to diamond. I deeply respect and appreciate your thoughtful acknowledgment. Thanks again, With Due Regards Reply By KASTURI SETHI: The Reply: Sh.Alkesh Jani Ji, Credit goes to your hard work and zeal and n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot to me. Kudos to you. Sincerity and honesty towards work are always rewarded by God. Keep it up.
Reply By YSreenivasa Reddy:
The Reply:
I have a query can anyone give clarity regarding this: If the taxpayer has not filed an appeal against the impugned order under Section 16(4) with in the time frame of 3 months, can the department initiate recovery proceedings in such a case
Reply By KASTURI SETHI:
The Reply:
Dear Querist, What is the period of demand ? There is also one month extension . The delay for one month is condonable only on solid ground. X X X X Extracts X X X X X X X X Extracts X X X X
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