Really sir very correctly said we are waiting for judgement this will be great victory , “Entrepreneur sprit will not increases by implementing unnecessary harassment notices rightway is to support the right Entrepreneur”
Congrats for being right. But what is logic of time limit for claiming credit based on date of filing return. It can at best be based period for filing return i.e assessee can not claim input credit beyond 6 months from the year for which credit relates. Anyway data is always available in GSTIN to validate and assessee will pay late fees for filing late return. GST should take country in new era of ease of doing business and should not clog him with burden of wrong provisions of past.
Inadequate research n study on GST Act, need to more research on to our executive subordinate of GST Council, just only one this reason responsible for all this complications
Gstr 3B notified under rule 61 starts with phrase " where date for gstr 1 or gstr 2 is extended" , , now in each such notification regarding extension of dates, no date for gstr 2 has been notified (even though gstr2) utility was available on common portal. Blanket extensions without specifying dates cannot be ground to notify gstr 3B under rule 61. Also on perusal of vetter gst law by gst council on 4.3.2017, there is no mention of DUE DATE in section 16(4).
My Assessee has received 16(4) notice because they had filed all its pending return for FY 17-18, 18-19 under Amnesty Scheme in Sept 19 to regularise... durring COVID... Under that ITC had been availed as per respctive Return period only...
Sir, isn't Eicher Motors Ltd. And Anr vs Union Of India And Ors. Etc on 28 January, 1999 passed by Hon'ble S.C. applicable for the section 16(4) of GST.
Best possible solution: time limit under section 16 (4) may be linked to the time limit for filing returns incl annual returns and issuance of notice u/s 73 or 74. If any of the time limit related to returns or notices gets extended, time limit u/s 16(4) should automatically get extended by that number of days.
BIMAL SIR MANY MANY THANKS FOR FILING WRP IN SC AGAINST RUTHLESS GOVT HEADED BY SO CALLED VISHWAGURU PRAJWAL RAVANNA SUPPORTER NEECH NIKRUSHT NARADHAM WHO BROUGHT THIS GABBAR SINGH TAX
Availing Input Tax Credit (ITC) and paying taxes are distinct obligations. Combining them as one task in the form of GSTR-3B was incorrect. Jain Sir please look into this angle also
Inequality when one person files a lower tax liability (even though actual liab is higher) and claims full ITC and other tax payer files belated return but shows actual tax liability.
Definitely, section 14 sub section is violative to the constitution. No such section can be implemented which restricts the tax payers. Further as per my opinion there are some more points which need to be highlighted. But, Vimal ji I would like to discuss with you, if we may communicate.
हमने सांसद को बोला है उनको तो मालूम ही नहीं था की इतनी तकलीफ है gst मे officers तो सभी मीटिंग मे कहते है की sir dealer तो खुश है पर lawyer को तकलीफ है अभी तो पुरे देश मे कोई हड़ताल नहीं हुई है only टेक्सटाइल वालो को छोड़ कर. संसद लोगो से बात करो saminer मे नहीं सिद्ध बात कर समझा जायगे officer लोगो को नहीं समझाना चाहिए
Sir We have purchased goods from supplier, by mistake supplier GSTR1 Retrurn filed on our another state Gstin, can we avail Gst input or not, if no what should be pay tax under RCM or not..? Pls suggest..
Sir if SCRAP COPPER is purchased in AUCTION from army/police cantonment.. how to show it in gst.... They have not given any bill . Just a voucher as road challan has been given..n do we need to generate e-way bill for this inward supply
Probably you have to make a self invoice for this unregistered purchase. And if you are selling it further then you have to make a tax invoice with the applicable GST.
GST DEPARTMENT IS INDIRECTLY FIXING TARGET TO BUSINESS (like whatever u purchase you should sell with in specific period)With sec 16(4). Is this argument is right or wrong plz correct me sir
Ab to bas SC KA HI hope hai agar 16/4 nhi hata to pata nhai business kaha jaygea business sold karke demand jo ki dadagiri hai chukana parega aur hath mey kotorra leke gumna hoga
Thank you Bimal sir. Please add in your argument that the blocking of filing GSTR 3B is just to eat and steal money from B2B buyer also which has already been paid by the seller (GSTR-1). Disallowing of ITC shaould have to be only in situation if the seller is not paying the tax on the invoice which is the base of claiming the ITC.. Further sir, for eliminating the chaos please consider this request that as the government is like a partner in form of tax so it is the duty of the department to safeguard the payment of whole invoice of the seller as well. Department allows to reverse the sale within 6 months just to the part of tax amount in case of any adverse but what about the loss of whole invoice value to the seller in case of non payment from the debtors.(Generally ssuch case arise when debtor not makes payment for more than 6 months but has used the service and material)? please sir
![[IMPORTANT] How to Avail Benefit of GST Amnesty Scheme 2024 || CA (Adv) Bimal Jain](http://i.ytimg.com/vi/0bS4IDgRbzE/mqdefault.jpg)
Wow, very nice arguments, You have really brilliant Wish you all the best from all the Indian citizens.
Sir, hatsoff to your energy and the way you present a tax subject..❤
वाह वाह 👌🏻 बहुत खूब sir ❤❤❤❤
Gst gave us Bimalji. We are thankful bimalji for your sincere efforts and awakening videos.
Really sir very correctly said we are waiting for judgement this will be great victory , “Entrepreneur sprit will not increases by implementing unnecessary harassment notices rightway is to support the right Entrepreneur”
WHEN IS THE ORDER DUE
Congrats for being right. But what is logic of time limit for claiming credit based on date of filing return. It can at best be based period for filing return i.e assessee can not claim input credit beyond 6 months from the year for which credit relates. Anyway data is always available in GSTIN to validate and assessee will pay late fees for filing late return. GST should take country in new era of ease of doing business and should not clog him with burden of wrong provisions of past.
My respect for you has doubled sir..
You raised the burning issue on the light. Thank you so much
Bimal Sir....
Thanks for your efforts...
it's high time Hon SC not only gives a grand decision but also teaches a lesson to the babushahi
Thank you for all your efforts towards the SLP. This is going to help pan India tax payers. Hoping for order in favour of tax payers side.
Thank you for filing SLP in the Apex Court, sir. You are the real mentor of GST Act.
बहुत ही अच्छा रोड मैप तैयार किया हैं..... जीत होगी सत्य की..👏👏
This compelling argument will be invaluable to those, like myself, who are facing similar challenges.
Every Point of discussion is lesson sir.. You are Gem of Our Profession
"Sabka Sath Sabka Vikas". It is quoted by You. Thats true!!
Thank you for filling SLP . Your are the best mentor and tax Guru 😊
Hello Sir,
You Are Great, Aapka Expectation is Lajawab...,
Thank's
Praphull Sharma
Accountant, Delhi
Taking ITC is a different activity while filling of 3B is a different activity, hence ITC avaiment can't be linked to 3B filing.
Sir ❤ dil se aapko dhanyabad,,,thanks
Sir, the department is also watching your defence. Wonderful defence.
Fantastic efforts for the survival of the business. It will be succeeded Sir. Great work.
Thank you it will helpful to all in Bharat
Really very deep study and by heart all the timelines and sections and cases
It shows to much knowledge 🎉
Inadequate research n study on GST Act, need to more research on to our executive subordinate of GST Council, just only one this reason responsible for all this complications
Gstr 3B notified under rule 61 starts with phrase " where date for gstr 1 or gstr 2 is extended" , , now in each such notification regarding extension of dates, no date for gstr 2 has been notified (even though gstr2) utility was available on common portal. Blanket extensions without specifying dates cannot be ground to notify gstr 3B under rule 61. Also on perusal of vetter gst law by gst council on 4.3.2017, there is no mention of DUE DATE in section 16(4).
Thank you so much for your efforts ! Let good sense prevail !
U r a genius. All traders should b proud of u and your style of giving arguments
We need more Bimal Jain to save business man against such burdensome law by insane illiterate corrupt govt officials
Great sir aapka all vedio dekhate h so plz maximize to maximize vedio dale gst ka
My Assessee has received 16(4) notice because they had filed all its pending return for FY 17-18, 18-19 under Amnesty Scheme in Sept 19 to regularise... durring COVID... Under that ITC had been availed as per respctive Return period only...
mindblowing speech sir.
Well-done Sir, Salute ❤
Definitely We will get it in favour because the amendment was with retrospective effect
Very Nice sir hope we can get Amnesty Scheme after General Election Result
Must available cradit on grounds which present by your good self in slp. becouse not to be labelled for denied.Hence keep in your mind,must success.
Big salute to you sir
Very very nice,hope for best
Sir very good ground, we are also keeping our fingers crossed
53rd GST council meeting cleared each and every thing.
Great Sir You Are Great
Very Nice information Sir Ji ☺️
You deserve the seat of finance minister sir . Big Salute to you .
Best of luck to all including me suffering anxiety due these notice demand from gst department,my gone drastically changed due these anxiety
Sir you are great Bimal ji
Sir, isn't Eicher Motors Ltd. And Anr vs Union Of India And Ors. Etc on 28
January, 1999 passed by Hon'ble S.C. applicable for the section 16(4) of GST.
Best possible solution: time limit under section 16 (4) may be linked to the time limit for filing returns incl annual returns and issuance of notice u/s 73 or 74. If any of the time limit related to returns or notices gets extended, time limit u/s 16(4) should automatically get extended by that number of days.
Excellent
Thanks Sir for Raising this matter
Thank you so much Sir
Nice points sir...Ty for the SLP..
Sir, I have a question
Why we can not putting this point that system is not blocked this credit at the time of availing?
Salute you sir❤
Thank you sir
Bahut tension me hai
Excellent sir
Excellent 👌
Thank you Sir.. we also got the notice on the same section for same FY 19-20 & this video will help me a lot.
Next GST meeting in Aug 2024
Agenda for Aug 2024
1. Petrol & Diesel under GST
2. FERTILISER GST FREE
Sir they are issuing notices only for thier own purpose. They are not doing jaob for nation's purpose.
Very nice thanks 🙏🙏
Mesmerizing appeal
16 (4) casgrading , the department is taking double the tax plus interest here department is not looser of tax rather then more benifit
court is so clever agar govt fir se sitaraman kin banti h to tax payers koi benefit nahi dena
Sir aap to TAXATION ka heart ho.
BIMAL SIR MANY MANY THANKS FOR FILING WRP IN SC AGAINST RUTHLESS GOVT HEADED BY SO CALLED VISHWAGURU PRAJWAL RAVANNA SUPPORTER NEECH NIKRUSHT NARADHAM WHO BROUGHT THIS GABBAR SINGH TAX
I am waiting for the judgment which would be in favour of assessee in section 16(4) on time limit
🤞 Thanks for the effort.
Availing Input Tax Credit (ITC) and paying taxes are distinct obligations. Combining them as one task in the form of GSTR-3B was incorrect. Jain Sir please look into this angle also
Jain sir,
Will it be pplicable for 17-18,18-19 also
Very nice effort in the interest of MSME.
Can I send you some suggestions based on the journey of indirect taxation.
Superb 👌
Great Sir
Jai ho
I sir i have received notice time limlit after cerdit avail plz what to do now
Inequality when one person files a lower tax liability (even though actual liab is higher) and claims full ITC and other tax payer files belated return but shows actual tax liability.
Too good sir
What about
GST on credit Balance of debtors written off ?????????
Sir
GSTR 1 Ki late fees m bhi relaxation aa sakta hai amnesty me
Kyuki GSTR 1 BHI late file hue hai during COVID
Very nice video ❤
Sir aap apna ek office Himachal m bhi open kriye sir ❤
I GOT THIS NOTICE TODAY................WHAT IS THE NEXT STEP...........ALREADY SENT TO CA FOR EVALUATION.......
You are a genius but our rotten system will take time to upgrade.
Very Gd sir
Meanwhile how to reply to SCN DRC01 for same 16(4) case for march 2020 which was filed on 18/12/20
Definitely, section 14 sub section is violative to the constitution. No such section can be implemented which restricts the tax payers. Further as per my opinion there are some more points which need to be highlighted. But, Vimal ji I would like to discuss with you, if we may communicate.
Thanks sir
मिल जायेगा 👍
Sir aap case jrur jeetoge❤
हमने सांसद को बोला है उनको तो मालूम ही नहीं था की इतनी तकलीफ है gst मे officers तो सभी मीटिंग मे कहते है की sir dealer तो खुश है पर lawyer को तकलीफ है अभी तो पुरे देश मे कोई हड़ताल नहीं हुई है only टेक्सटाइल वालो को छोड़ कर. संसद लोगो से बात करो saminer मे नहीं सिद्ध बात कर समझा जायगे officer लोगो को नहीं समझाना चाहिए
😮 21:15
👏👏
Sir
We have purchased goods from supplier, by mistake supplier GSTR1 Retrurn filed on our another state Gstin, can we avail Gst input or not, if no what should be pay tax under RCM or not..? Pls suggest..
Sir if SCRAP COPPER is purchased in AUCTION from army/police cantonment.. how to show it in gst.... They have not given any bill . Just a voucher as road challan has been given..n do we need to generate e-way bill for this inward supply
Probably you have to make a self invoice for this unregistered purchase. And if you are selling it further then you have to make a tax invoice with the applicable GST.
Sir ye kb aayega
Sir i have already paid intrest of 2019 20 what to do sir
GST DEPARTMENT IS INDIRECTLY FIXING TARGET TO BUSINESS (like whatever u purchase you should sell with in specific period)With sec 16(4). Is this argument is right or wrong plz correct me sir
Ab to bas SC KA HI hope hai agar 16/4 nhi hata to pata nhai business kaha jaygea business sold karke demand jo ki dadagiri hai chukana parega aur hath mey kotorra leke gumna hoga
How much is ur demand notice
You ar like to pop singer
Thank you Bimal sir. Please add in your argument that the blocking of filing GSTR 3B is just to eat and steal money from B2B buyer also which has already been paid by the seller (GSTR-1). Disallowing of ITC shaould have to be only in situation if the seller is not paying the tax on the invoice which is the base of claiming the ITC.. Further sir, for eliminating the chaos please consider this request that as the government is like a partner in form of tax so it is the duty of the department to safeguard the payment of whole invoice of the seller as well. Department allows to reverse the sale within 6 months just to the part of tax amount in case of any adverse but what about the loss of whole invoice value to the seller in case of non payment from the debtors.(Generally ssuch case arise when debtor not makes payment for more than 6 months but has used the service and material)? please sir
Pl send me coupon code 25% gst update package