Refund of Old Taxes vs. Transitional Provisions in GST Laws
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- Last Updated on 16 May, 2022
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CA Sri Harsha – [2022] 138 taxmann.com 223 (Article)
The transition to GST from erstwhile regime is quite a challenging one for the entire country. Though the transitional provisions contained in the GST laws have been substantially improved from the bill stage to the current stage, there is still vacuum prevailing, which is causing great hardship for the tax payers. The GST Council should take stock of all such aspects and provide appropriate relief, so that the tax payers are relieved from the burden of reaching the courts time and again.
In this article, the author has identified issues related to refund which create problem for the taxpayers namely “Refund of Education Cess, Secondary and Higher Education Cess and Krishi Kalyan Cess” and “Refund of credit of Service Tax under GST regime using Section 142(3)”.
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