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GST: How India can fix its problem of not collecting enough taxes

So, how do we collect more taxes? Using the GST and following up on the audit trails it generates.India simply does not collect as much tax as it should. The Centre and the states together collect tax worth about 17% of GDP, as much as Burkina Faso or Honduras does. Poor tax collections crimp the government’s ability to spend on the things it alone can finance, and stunt the nation’s ability to excel. India has to improve tax collections, & that does not mean raising tax rates.When Budget Day approaches, the discussion turns to tax cuts and the fiscal deficit. A more rational thing to worry about is the size of the budget, meaning government expenditure, relative to GDP. The Centre’s budget is about 13% of GDP. The states together spend more, accounting for 58% of the combined spending of the Centre and the states.Harvest Direct TaxesHow is the spending financed? Tax revenues, non-tax revenues (licence fees, dividends from state enterprises, etc), borrowings and some unborrowed ca…

Applicability of GSTR 10 & Late Fees In CMP-08- Practical Issues

Practical Issues For Composition Scheme– Applicability of GSTR 10 And Applicability of Late Fees In CMP – 08 In this article author tries to clarify on the issues regarding applicability of GSTR 10 on the taxable person who opt for paying tax u/s 10 of CGST Act and also about the applicability of Late Fees […]

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GST TRAN-2 – Calcutta High Court allows revision

Observing that there is no ground as to why a person filing Form GST TRAN-2 should not be allowed to correct and file such revised form, Calcutta High Court has allowed filing of revised Form GST TRAN-2.

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Kerala HC allows filing of TRAN-1- Considers wrong GST Council press release

A.F. Babu Vs Union of India (Kerala High Court) While it is a fact that the petitioners did not make an attempt to log into the system before 27.12.2017, the cut-off date prescribed by the respondents for uploading the TRAN-1 Form to the web portal, I find that the petitioners were guided by a press […]

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Revision of declaration in FORM GST TRAN- 1 can be made once: HC

Atria Convergence Technologies Ltd Vs Union of India (Karnataka High Court) The Rule 120A provides for revision of declaration. In the event of the registered person who had submitted a declaration electronically in FORM GST TRAN-1, intends to revise such declaration once, this provision can be invoked. This provision makes it clear that the revision […]

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Provisionally entertain GST TRAN-1 and other returns: HC

Alchem International Pvt. Ltd. Vs Union of India and Ors. (Rajasthan High Court) Respondents are directed to provisionally entertain the GST TRAN-1 and other returns of the petitioner either by way of opening the portal or manually. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT Issue notice to respondents. Mr. Kinshuk Jain, learned counsel accepts […]

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Allow ITC if non-filing of TRAN-1 was for reasons not attributable to petitioner

Naga Distributors Vs. UOI & Ors. (Kerala High Court) High Court held that If the uploading of FORM GST TRAN-1 is not possible for reasons not attributable to the petitioner, the authority will also enable him to take credit of the input tax available at the time of migration. FULL TEXT OF THE HIGH COURT […]

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Open portal to enable Petitioner to file TRAN-1 or accept manually: HC

Vass Impex Vs Union of India & Ors. (Delhi High Court) in CBIC circular dated 3rd April, 2018 It has been decided that all such taxpayers, who tried but were not able to complete TRAN-1 procedure (original or revised) of filing them on or before 27.12.2017 due to IT-glitch, shall be provided the facility to […]

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Form GST TRAN-1 Filing Issue- Appoint Nodal Officer/Officers- HC

Pothys Vs. Principal Chief Commissioner (Madras High Court) i. The respective Commissioner of GST and Central excise are directed to appoint Nodal Officer/Officers for the State of Tamil Nadu, if not already appointed, within a period of 2 weeks from the date of receipt of a copy of this order and ii. The petitioners/assessees are […]

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Facilitate petitioner’s uploading of FORM GST TRAN-1: HC

A.F. Babu Vs Goods and Service Tax Council & Ors. (Kerala High Court) Kerala HC held that petitioner may apply to the Nodal Officer. The petitioner applying, the Nodal Officer will look into the issue and facilitate the petitioner’s uploading FORM GST TRAN-1, without reference to the time-frame. Ordered so. It was further held that […]

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