CBIC Instructions for Officers to Avoid Reckless Issuance of Notices

CBIC Chairman Advises that SCNs Should be Based on a Thorough Examination of Facts and Relevant Documents

The Central Board of Indirect Taxes & Customs (CBIC) is urging caution among its officers to avoid the reckless issuance of show cause notices (SCNs) under GST, as it may lead to unnecessary litigations. This guidance comes as the new deadline for issuing SCNs related to FY19 approaches its end on January 31, 2024.

CBIC Chairman’s Instruction

In a communication to tax officials, CBIC Chairman Sanjay Kumar Agrawal emphasized the importance of careful consideration before issuing SCNs. He highlighted that the issuance of show cause notices should be based on a thorough examination of facts and relevant documents submitted by taxpayers. Issuing SCNs recklessly may result in future litigations, according to Agrawal.

Extension of Timeline

Section 73 of the GST Act deals with the determination of tax-related issues, and the Finance Ministry recently extended the timeline for issuing orders related to the recovery of tax for FY19 to April 30, 2024. Consequently, the deadline for issuing SCNs has also been extended to January 31, 2024. Similar extensions apply for FY20, with the SCN due date now set for April 30.

CBIC’s Monitoring Instructions

CBIC has advised Chief Commissioners to closely monitor pending investigations and ensure that officers under their supervision work in a methodical manner. Agrawal urged quick adjudication of nearly 1 lakh legacy cases involving over ₹29,000 crore, pending for over 6 years since the rollout of GST.

Industry Insights

Industry sources have expressed concerns over the potential for errors and disputes when tax officers hastily issue notices to meet deadlines. It is advised that taxpayers carefully review such notices and consult professionals if needed.

Expert Opinion

Rajat Mohan, Executive Director of Moore Singhi, stressed the need for more efficient processes, better tax administration, and policy changes to ensure accurate and fair tax collection. He cautioned against compromising the quality and fairness of tax assessments due to hasty issuance of notices.

Conclusion

As the GST deadline for FY19 approaches, CBIC’s cautionary instructions aim to strike a balance between procedural efficiency and fairness in tax assessments. Taxpayers are advised to review notices carefully, and authorities are encouraged to adopt a prudent approach to avoid unnecessary disputes and ensure a fair tax collection process.

 To Access the GSTN Advisory 623 CLICK HERE

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