‘Compounding’ is essentially a compromise arrangement between authorities and person committing an offence. Compounding crime consists of receipt of some consideration (termed as compounding fees) in return for an agreement not to prosecute one who has committed an offence. Compounding results in acquittal.
Offences for the purpose of this article mean criminal offences. Proceedings in GST laws are in the nature of administrative enquiries. These are different from the proceedings in a criminal court where the enquiry is on the basis of evidence tendered on oath. Since tax penalties and prosecution are not… Continue reading
‘Detention‘ means goods are temporarily detained by officers to check whether there is any violation of law. If there is any violation, goods are seized. Otherwise, goods are released. There is no documentary formality involved. ‘Seizure’ means goods are taken in custody by the department when there is a belief (though… Continue reading
Where zero rated supply is with payment of tax, then refund is allowed. Where it is under bond/LUT i.e. without payment of tax, refund is not allowed as per rule 89(4).
No. Fresh registration is required. Old registration needs to be cancelled.
No. Normal registration requires presence of fixed establishment while casual taxable person registration does not require fixed establishment. Both are mutually exclusive.
Yes. Name board is required for every registered person on which GSTIN shall be displayed. Refer rule 18.
Though there is exemption (say GTA services) from registration if entire tax payable in reverse charge basis, however there are various ancillary supply of goods and services (say sale of old transport vehicles in case of GTA) for which there is no exemption from registration.
No. Credit in respect of inputs contained in semi-finished/WIP of works contract services is not covered.
Taking ‘credit/refund of taxes’ which are actually not reached government is not uncommon in earlier VAT/Service Tax system. For Example: A sells to B (Tax amount Re.1, A goes missing and no tax paid to government), B sells to C (Tax amount Rs. 2, Paid to government Re. 1(after set off Rs.1),… Continue reading