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Issuance of GST ADT 02 GST and matters thereof

M.Amin (Partner) (82 Points)

14 October 2022

Upon audit under section 65 , we have been issued ADT – 02 and assessed CGST and SGST for payment. We are willing to pay the amounts assessed but wish to avail instalment payments .

Will some one please guide how we can go about it .

Should we wait for Show Cause Notice under section 73 ?

Will be obliged to get guidance

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10 Replies

Jamil Ahmed (615 Points)
Replied 15 October 2022

You may apply manually to your jurisdictional Commissioner for payment in installments.

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M.Amin (Partner) (82 Points)
Replied 15 October 2022

Mr. Ahmed, Thanks for your being so helpful by giving your valued suggestion..

The fact is , amount that is assessed in ADT 02 is not yet appearing on GST portal in our account. Perhaps this will come once SCN under section 73 is issued. I wonder whether i got it correct ?

Hope to hear.

regards

M.Amin

Pankaj Rawat (GST Practitioner) (55047 Points)
Replied 16 October 2022

Dea Amin
you are correct .
As per Section 65(6) r/w rule 101(5) the Audit issue its finding in Form ADT-02
he will issue you the demand notice u/s 73 or 74 as the case may be.

As per Section 80 R/w rule 158 you are require to furnish application in DRC 20 to the commissioner to pay demand in installment.

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M.Amin (Partner) (82 Points)
Replied 17 October 2022

Mr.P. Rawat,,

Thanks for your valued and prompt guidance. GST as opposed to Good and Simple Tax is becoming more and more technical. In our case we never lacked in compliance. We had transferred one of our unit under BTA - Business Transfer Agreement- as going concern with all assets and liability including licenses of business premises staff etc. This went in Audit under section 65 and Deptt has demanded GST on fixed assets transferred to new enterprise taking it as supply. There are no of advance rulings in the matter but did not succeed. Instead of faceless, contact less ease of business, GST has again reverted us to red tape of time consuming procedures.

There are no sign of any action. Will have to learn to live with it.

Thanks again of you and your colleagues who gave valuable guidance in this thread.

M. Amin

CS Advocate Abhishek Goyal (M Com FCS LLB M-AIMA ) (13631 Points)
Replied 17 October 2022

According to Schedule II entry 4C transfer of business on going concern basis does not amount to supply.

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Pankaj Rawat (GST Practitioner) (55047 Points)
Replied 17 October 2022

IS IT IS INTERSTATE TRANSFER ??????

M.Amin (Partner) (82 Points)
Replied 18 October 2022

Mr. A. Goyal and Mr. P Rawat,,

Thanks for your replies.

It was intra state transfer in Karnataka. And our stand was that transfer of business on going concern We duly annexed several Advance ruling in the matter. But not accepted.

Thinking for going in appeal .

regards