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Trident Agri   09 September 2018

vat mismatch

Dear Sir.I had a wholesale business and having vat/gst no.from april I have closed my business activities ,four months back sales tax officer prepared some document regarding assessment of 2013-14 and claimed some amount on account of mismatch With interest and penalty they charged four lakhs and fifty thousand .surprising thing is that they never informed me they took sign and seal from my servent forcefully.and now threatening me to do adjustment or pay the full amount but I am not able to pay or do adjustment or appeal against them because financially and physically I am become weak,I do not understand what to do?


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 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 September 2018

Tax laws (or any law) impose obligations. Such obligations are broadly of two kinds: tax-related and procedure-related. The taxpayer’s compliance with these obligations is verified by the tax officer (through audit, anti-evasion, examining etc.). Sometimes there are situations of actual or perceived non-compliance. If the difference in views persists, it results into a dispute, which is then required to be resolved.

The initial resolution of this dispute is done by a departmental officer by a quasi-judicial process resulting into the issue of an initial order known by various names -assessment order, adjudication order, order-in-original, etc.

GST Act defines the phrase “adjudicating authority” as any authority competent to pass any order or decision under this Act, but does not include the Board, the First Appellate Authority and the Appellate Tribunal. Thus, in a way, any decision or order passed under the Act is an act of “adjudication”. 


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