Re: SERVICE TAX

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Sunil Dar

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Jul 2, 2017, 2:23:12 AM7/2/17
to Utparn Dubey, gurdev singh, singh sr, ypg...@yahoo.co.in, Tich Bakshi, Madan Negi, Dhanesh Singh Chauhan, Anil Kumar Jha, Rajesh Pant, Kanwal Batra, R. N. Chakrabarty, Maj Gen Rajesh Singh 1-I-204
Dear Sirs,
As far as my knowledge goes. RWA did not have a service tax no. until late 2015. It was Nidhi & Associates who apprised Col. Trivedi (Retd.) & Col. Salwan (Retd.) of the consequences of not paying and collecting service tax. 
One thing the RWA has to keep in mind is that not...to get entangled in issues related with govt. agencies or any governing authority.

Thank you.
Best Regards.
Sunil Dar
"Possibly impossible...is impossibly possible".

On 1 July 2017 at 23:57, Utparn Dubey <utpar...@gmail.com> wrote:
Dear Sir,

Your Point by Point is well justified.

It also states that for FY 2014 15 STax has been deposited. Then how come message from Society Admin on states a wrong statement that STax has been imposed since 2009.

Without Paying the STax how can Account be closed and carried forward over to new FY without reflecting as deficit in Balance Sheet. This is pure case of negligence and attempted misdemeanour

Now What. 

The Question above still remain unanswered i.e who will bear the cost ???. CA, Board of Mgmt or All the Allottees of GVGN.

Q1. What steps we have taken to effectively handle GST, as no one will be saved from month 01 (31st July 2017)

Q2. What steps will be taken to stop and control unauthorised Profiteering by the Shop Allottees, who do not believe in authorised billing.


On 01-Jul-2017 22:53, "gurdev singh" <gurdev...@yahoo.co.in> wrote:
Dubey Sir,

Our RWA was formed in 2009. The CA  for the first time, in his audit report for FY 2013-14 advised the RWA to collect Service Tax. His audit report was circulated during AGM held in the May 2014 under  then President Gen Sheonan Sing. After his management was removed during this meeting, a new Management took over under President Col Salwan   After taking over, Col Salwan in his first General Body meeting circulated the same CA's Audit report to the members for passing of Accounts for FY 2013-14. On 01 Sep 2014, new elected  Management board took over under President Gen Rajesh Singh. No action on CA's report was taken till Mar 2015. The CA again in his Audit report for FY 2014-15 advised the RWA to collect service tax when the same Management under Gen Rajesh Singh was managing the affairs of RWA. Again,no action was taken on CA's Report. Col Salwan took over on 01 Sep 2015 as a President. He detailed, for the first time, a board of officer for internal audit of RWA accounts. I was the Presiding Officer of this Board. In the month of Nov 2015, I informed him about the CA's Audit report and requested him to take action on service tax issue. He, on 31 Mar 2016, deposited service tax only for the FY 2015-16 from RWA funds to avoid penalty and further interest. RWA paid around RS. 10 Lakh- Service tax and Rs.93864/- as interest amount for rent on shops and schools. No action was taken in case of others services. Again, the CA in his audit report for the FY 2015-16 pointed out regarding non compliance of Govt orders on Service tax. No action was taken on his report till RWA got letter from Service Tax department. The CA, in his reports of FY 2013-14 and FY 2014-15 only mentioned about Service Tax on renting of immovable property, other services he mentioned only in his Report of FY 2015-16.

Based on this one can express his personal views as to who should be held responsible for the huge loss to the RWA. To my opinion, CA should have apprised the RWA about the Rule position during his audit reports for the FY 2010-11, 2011-12 and 2012-13, therefore, he should be blamed for this period. After FY 2013-14, the system should be responsible for not taking action on this issue. Therefore, present  Management is only partially responsible for this loss to the RWA. One should also consider that the present management is putting tremendous efforts to settle this issue with Service Tax department to avoid further interest and penalty. As I said, these are my personal views based on the facts available with RWA office, one may or may not agree with it and may hold anyone responsible for this loss.

Regards
Col Gurdev Singh


On Saturday, 1 July 2017 8:18 PM, Utparn Dubey <utpar...@gmail.com> wrote:


Dear Sir,

With Due Humility, Need the justified Answer on Why this has happened.

Is the Chartered Accountant we have employed has earned the Degree through Scrupulous Means, It is his Job to Guide and Prepare Annual Audit Reports and then Present the same for Approval.

Are the Elected Members till Date, Non Members who had been attending all the meetings, fighting online, rasing concerns for benefit to society at large never paid any attention to this fact.

The overall Service Tax as imposed on GVGN may be paid by Society,  But Why the Interest, Penalty be borne out of Hard Earned Money of Members.

The CA firm and Society Members who have overlooked this all the years are solely responsible to shell the Late Fee, Interest, Penalties thus imposed. The overall amount needs detailed bifurcation.

Merely Sending a message on Common Floors is not the adequate quorum to resolve such huge loss to society and this may be discussed amongst honourable members and representative citizens to resolve ASAP through Emergency Board Meeting.

Now from today GST is implemented, What Steps and How much Liability has been imposed on GVGN under different SLABS.

It is known fact that none of the Shop Keeper in Central Market and Other Two Market Complex either believe or practice Billing and issue Cash Memo, None of the Shops Keepers are giving any receipts. 

Tomorrow if there is RAID by Tax Authorities, They will start Blaming GVGN for non compliance by the Shop Keepers as the Shops are the Property of GVGN and we have failed miserably to implement the Billing and Profiteering by Shops.

I hope another Surprise is not coming soon.

Best Regards

Utparn Dubey

On 01-Jul-2017 19:53, "Sunil Dar" <ads...@gmail.com> wrote:
Dear Flat Owners,
Col. D. K. Salwan (Retd.) is fully responsible for the financial mess thus created. He did shop allotment when he was interim president (not in his ambit to undertake such an action).
The hurried manner in which it was conducted was merely to get brownie points for self and with ignorance of Service Tax laws.

The message" from the very inception" is a cover up.

I request details of year wise service tax dues. 


AS PER SERVICE TAX AUTHORITIES, OUR SOCIETY HAS TO DEPOSIT SERVICE TAX FROM THE VERY INCEPTION, WHICH HAS NOT BEEN DONE EARLIER. TOTAL AMOUNT INCL INTEREST AND PENALTY IS APPROX RS 1.50 CR. THE AMOUNT IS TO BE DEPOSITED FORTH WITH WHICH IS BEING DONE.
Thank you.
Best Regards.
Sunil Dar
"Possibly impossible...is impossibly possible".




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