Taxpayers will get relief from restoration in the event that they file a declaration of their intent to attraction towards the order of decrease authorities, even because the GST Appellate Tribunal is but to be constituted, dominated the Bombay High Court.
Once the declaration is placed on report, there can be no restoration, the court docket ordered.
In case the assessee fails to file such a declaration inside the stipulated time, officers wishing to provoke restoration proceedings should first give him 15 days to take action, the court docket stated.
The court docket interpreted the content material of a round issued by the state authorities on this regard.
Abhishek Jain, Partner-indirect tax at KPMG India, stated, “This order will assist streamline the method stream and assist keep away from disputes between taxpayers and the division, until the time the GST Tribunal is about up.”
Similar tips could also be deemed to have been issued pan-India by the federal government to scale back confusion within the interim interval, he stated.
Under GST, any order that the assessing officer passes on any dispute between taxpayers and authorities goes to the commissioner (attraction) on the first stage. After it, the attraction, if the disputed occasion needs, could go to the GST Tribunal.
However, the GST Tribunal is but to be arrange even after the Council had, at its final assembly in February, adopted the report of the group of ministers on the mechanism.