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Vivek Agarwal FCA, CS, LLB

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Vivek Agarwal FCA, CS, LLB
A registered GST dealer failed to pay tax dues of Rs. 7.54 lakhs even after one full year from the date of a final and unchallenged assessment order. The Revenue directly issued a garnishee notice to the dealer's bank under Section 79(1)(c) without serving any prior notice on the dealer itself. The Court held that Section 79 imposes no obligation on the proper officer to first notify the defaulting dealer before approaching a third party such as a bank, and no prior authorization is required either, as long as the tax liability has already been crystallised through a final assessment order. The writ petition was dismissed and the garnishee notice was upheld. #gstcaselaw #cavivekagarwaltaxreels
GST Bank Account Attached?
Income tax query: What's the impact on you if Income tax search ( IT raid ) is conducted by department on your supplier or your customer ? Explained in this video
What's the impact on you if Income tax search is conducted on your supplier or your customer
This case law in GST involves a father who was running a proprietorship business registered under GST. The father's GST registration was canceled. The son then opened another proprietorship concern, took a separate GST registration at a different location, but used the same brand name. Later, the father died, and his proprietorship business was discontinued. The GST department raised a demand of four crore rupees against the deceased father's firm. They attached the father's bank account, but it was not enough to cover the liabilities. After one year, the department found that the son was operating another bank account with a different firm but using the same brand name. They directly attached the son's bank account as well. The son's contention is that he started his business before his father passed away. Using the same brand name does not mean it is the same business. He did not continue his father's business. The Honorable High Court stated that before proceeding against the son, proper adjudication must be done. A show cause notice must be issued, and an opportunity of being heard must be given. Although there are sections like Section 79 for recovery and Section 93, where the legal heir of the deceased is liable if the business is being continued by the legal heir, then the liability must be met by the business itself. If the business is not being continued, then the pending liability should be paid from the estate received by the son. Proper adjudication proceedings should be initiated before the son, and only after that, based on the decision, recovery proceedings can be started. Direct recovery cannot be initiated without following this process.
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Summons under section 131 may be issued to you.
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All India Fake GST Registration drive from 16th August, 2024 - CA Vivek Agarwal
Link to download the pdf used in the video: https://shorturl.at/kuVY6 Click below and Follow the LegalGain Tax Updates channel on WhatsApp for latest tax updates : https://shorturl.at/qv268 #payment to suppliers as per MSME act #msme #msmeact #msmedact #43B #43B(h) #43B(h) of income tax act #nonpayment to suppliers disallowance as per MSME Act
Section 43B(h) of Income tax Act & Consequences of Non/Delayed Payment to Suppliers - MSME Act
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