Jatin Harjai (@jatin_harjai) 's Twitter Profile
Jatin Harjai

@jatin_harjai

FCA I Advocate I Tax Laws I Co-opted member of National IDT Committee of PHD Chamber of C&I

ID: 287573177

linkhttp://www.jharjai.com calendar_today25-04-2011 07:57:59

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Jatin Harjai (@jatin_harjai) 's Twitter Profile Photo

In #GST audits, one of the common issue identified is alleged error or illegality in granting of refund by proper officer, which is followed by SCN u/s 73 or 74. Can proceedings u/s 73/ 74 are valid for such recovery, IMHO - No. Attempted to analyse 👇🏻 linkedin.com/posts/jatin-ha…

Jatin Harjai (@jatin_harjai) 's Twitter Profile Photo

In RCM cases, Sec. 16(4) time limit shall start from date of invoice made by recipient, practically from FY in which RCM payment is made- #53_GSTC Law is crystal clear from day one, it was only field formation who failed in understanding- Result huge harassment. Accountability?

In RCM cases, Sec. 16(4) time limit shall start from date of invoice made by recipient, practically from FY in which RCM payment is made- #53_GSTC

Law is crystal clear from day one, it was only field formation who failed in understanding- Result huge harassment.

Accountability?
Jatin Harjai (@jatin_harjai) 's Twitter Profile Photo

It is proposed to bring limitation u/s 73 at par with that of u/s 74 - #53_GSTC Means no difference in honest taxpayer & fraudsters. All tax laws treated honest taxpayer at better footing with lower limitation period, eg Income Tax, VAT, Excise, Service Tax etc. Any logic ???

It is proposed to bring limitation u/s 73 at par with that of u/s 74 - #53_GSTC
Means no difference in honest taxpayer & fraudsters.

All tax laws treated honest taxpayer at better footing with lower limitation period, eg Income Tax, VAT, Excise, Service Tax etc.

Any logic ???
Jatin Harjai (@jatin_harjai) 's Twitter Profile Photo

Finally missing link restored via notification dated 16.07.2024, under General Clauses Act. In any law, reference to IPC, CRPC or Evidence Act shall be treated as reference to BNS, BNSS & BSA respectively. #NewCriminalLaws

Finally missing link restored via notification dated 16.07.2024, under General Clauses Act. 

In any law, reference to IPC, CRPC or Evidence Act shall be treated as reference to BNS, BNSS & BSA respectively.

#NewCriminalLaws
Jatin Harjai (@jatin_harjai) 's Twitter Profile Photo

Proposed scheme will bring bonafide taxpayers & tax evaders at same footing for GST adjudication. Just because officers could not perform their function in time, limitation in bonafide taxpayers case has been extended in disguise. Pls consider roll back Nirmala Sitharaman #Budget2024

Proposed scheme will bring bonafide taxpayers & tax evaders at same footing for GST adjudication.

Just because officers could not perform their function in time, limitation in bonafide taxpayers case has been extended in disguise. Pls consider roll back <a href="/nsitharaman/">Nirmala Sitharaman</a>

#Budget2024
Jatin Harjai (@jatin_harjai) 's Twitter Profile Photo

Mining Royalty is not in the nature of Tax. - SC (Majority opinion of 9 Judges bench) Battle of whether GST is leviable on mining royalty or not, will be tough, but IMHO its not gone case.

Jatin Harjai (@jatin_harjai) 's Twitter Profile Photo

It is proposed to insert clause (1A) to Sec. 70 in GST law. I am still trying to understand impact of the same. Quick summary and food for thoughts attached. #Budget2024

It is proposed to insert clause (1A) to Sec. 70 in GST law. I am still trying to understand impact of the same.

Quick summary and food for thoughts attached.
#Budget2024
Jatin Harjai (@jatin_harjai) 's Twitter Profile Photo

New adjudication regime ... shall bring new challenges. Any guesses on application of Sec. 73/ 74 or 74A in following situations ? Key phrase - "Tax pertaining to" Hope @cbic will come up with circular timely to ensure uniform implementation of law and avoid harassment.

New adjudication regime ... shall bring new challenges. Any guesses on application of Sec. 73/ 74 or 74A in following situations ? 

Key phrase - "Tax pertaining to"

Hope @cbic will come up with circular timely to ensure uniform implementation of law and avoid harassment.
Jatin Harjai (@jatin_harjai) 's Twitter Profile Photo

Isn’t annual increment policy (commensurate with inflation and change in scope, if any) be more justifiable ! Most people don’t resist to reasonable annual increase and is good for both side.

Jatin Harjai (@jatin_harjai) 's Twitter Profile Photo

Hon’ble Gujrat HC was pleased to grant stay on passing of order in pursuance of SCN u/s 74 demanding approx INR 604 Cr.. The major ground was that allegation of Suppression is without substance. Synopsys of case attached. For copy or order 👇🏻 linkedin.com/posts/jatin-ha…

Hon’ble Gujrat HC was pleased to grant stay on passing of order in pursuance of SCN u/s 74 demanding approx INR 604 Cr.. The major ground was that allegation of Suppression is without substance. 

Synopsys of case attached.

For copy or order 👇🏻
linkedin.com/posts/jatin-ha…