ॐ असतो मा सद्गमय
Yes. In terms of Section 87(1) of the CGST Act, 2017, the supplies between the
companies inter-se for the period starting from effective date and ending with the date of order of the Court is liable to tax and supply and receipt shall be included in the turnover of supply or receipt of the respective Companies.
(ICAI FAQ PUBLICATIONS 06-09-2017 Liability in case of amalgamation /merger of Companies : FAQ NO. 5)
No. Both agent and principal are jointly and severally liable to pay the tax on such transactions.
(ICAI FAQ PUBLICATIONS 06-09-2017 Liability of agent and principal : FAQ NO. 4)
Yes. When an agent supplies or receives any taxable goods on behalf of the principal both agent and principal are jointly and severally liable in respect of tax payable on such goods.
(ICAI FAQ PUBLICATIONS 06-09-2017 Liability of agent and principal : FAQ NO. 3)
No. The transferor of business is liable to pay tax / interest / penalties arisen (whether determined prior to transfer or post transfer) up to the date of transfer of business.
(ICAI FAQ PUBLICATIONS 06-09-2017 Liability in case of transfer of business : FAQ NO. 2)
Yes, the transferor and the transferee shall be jointly and severally, be liable to wholly or to the extent of such transfer, to pay the tax, interest or penalty which was due for the period prior to the date of transfer. Such tax liability, interest and penalty may be determined either prior to the date of transfer or thereafter.
(ICAI FAQ PUBLICATIONS 06-09-2017 Liability in case of transfer of business : FAQ NO. 1)
The Commissioner shall issue order for reduction of any demand in Form GST DRC-25 to the taxable person and the appropriate authority with whom the recovery proceeding is pending. The recovery proceedings already initiated prior to the disposal of such appeal/revision may be continued in relation to the amount so reduced from the stage at which such proceedings stood immediately before such disposal.
(ICAI FAQ PUBLICATIONS 06-09-2017 Continuation and validation of certain recovery proceedings : FAQ NO. 59)
The Commissioner shall issue order for enhancement of any demand in Form GST DRC-25. In so far as the amount already confirmed prior to disposal of appeal/revision, the recovery proceedings may be continued from the stage at which such proceedings stood immediately before such disposal.
(ICAI FAQ PUBLICATIONS 06-09-2017 Continuation and validation of certain recovery proceedings : FAQ NO. 58)
Yes. Every provisional attachment order shall cease to have effect after the expiry of one year from the date of such order.
(ICAI FAQ PUBLICATIONS 06-09-2017 Provisional attachment to protect the revenue in certain cases : FAQ NO. 57)
The property of a taxable person provisionally attached be released under the following circumstances: (a) Where the property attached is of perishable or hazardous nature, and if the taxable person pays an amount equivalent to the market price of such property or the amount that is or may become payable by him, whichever is lower, then such property shall be released forthwith by an order in Form GST DRC-23, on proof of payment.
(b) Any person whose property is attached may, within 7 days of such attachment, file an objection to the effect that the property attached was or is not liable to be attached, and the Commissioner may, release the said property by an order in Form GST DRC-23 after giving an opportunity of personal hearing to the person filing the objection.
(c) The Commissioner may, upon being satisfied that the property was, or is no
longer liable for attachment, release such property by issuing an order in Form GST DRC-23.
(ICAI FAQ PUBLICATIONS 06-09-2017 Provisional attachment to protect the revenue in certain cases : FAQ NO. 56)
Yes. During the pendency of any proceedings under section 62, 63, 64, 67, 73 or 74, the Commissioner shall pass an order in Form GST DRC-22 to attach any property including bank account belonging to a taxable person provisionally for the purpose of protecting the interest of the Government revenue.
(ICAI FAQ PUBLICATIONS 06-09-2017 Provisional attachment to protect the revenue in certain cases : FAQ NO. 55)