GST Daily – Editorial Team
Dear Reader,
Today’s newsletter analytically summarizes the top GST stories reported at taxmann.com.
The Competent Authority issued on assessee show cause notice to explain why tax should not be imposed granting fifteen days time to file objections and arguments. The assessee did not file any objections within time stipulated. Thereafter, the Competent Authority passed an order under section 74 on assessee. The assessee challenged the order on the ground that an opportunity of hearing was not granted and filed writ petition. ? ? ?
The Honorable High Court observed that as per sub-section (4) of section 75 of the GST Act, an opportunity of hearing shall be granted where a request is received in writing from the person chargeable with tax or penalty, or where any adverse decision is contemplated against such person. In the instant case, show cause notice was issued to submit objections but the notice of personal hearing, indicating the date of hearing was not served before resorting to the impugned action. Since, the mandatory requirement was not complied with, the Court held that petition was allowed and matter was required to be remanded to Competent Authority for fresh consideration. ? ? ?
Generally, conversion or amendment of shipping bill post export from one scheme to another scheme is a tedious and painful task for exporters. The department seeks bunch of information and then exercise its own discretion mostly, against the exporters. ? ? ? ? ?
Recently CBIC vide Notification no. 11/2022 dated 22nd February, 2022 has notified Shipping Bill (Post Export conversion in relation to Instrument Based Scheme) Regulations 2022 governing shipping bills pertaining to various incentives/concession scheme like Advance License, EPCG, RoDTEP etc. ? ? ? ? ?
In this article, the authors analysed these regulations which provide for amendments or conversion of shipping bills w.r.t to Advance Authorisation, RoDTEP, EPCG etc. bestowing fiscal or financial benefit to the applicant and way forward.
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