Company Secretary to act as GST Practitioner: Pursuant to Section 48 of CGST Act, 2017 read with Rule 83 and 84 of the CGST Rules, 2017 a Company Secretary is eligible for enrolment as a Goods and Service Tax Practitioner. The Company Secretaries are rendering value added services to the trade and industry and acting as extended arms of the regulatory mechanism. In a country like India where the tax regime is complicated and multi-faceted, there is no dearth of opportunities for professionals like Company Secretaries to work towards the massive tax network's compliance, regulations etc. since they are capable of understanding the dynamic nuances of law and taxation system.A Company Secretary is well versed in laws subject. There is not even an iota of doubt on their academic knowledge and practical training. Company Secretaries particularly master their understanding in the law subjects. Whether it is in indirect tax laws or the GST law, it will be a smooth ride for a Company Secretary owing to their understanding and expertise in the subject of various laws. The Company Secretaries were already recognized under the previous tax laws and in VAT profiles by various State Governments.
Company Secretary to act as GST Practitioner
Authority to represent before the Appellate AuthorityUnder Section 116 of Central GST Act, 2017 a Company Secretary is entitled or required to appear before an officer appointed under this Act, or the Appellate Authority or the Appellate Tribunal in connection with any proceedings under this Act. The spectrum of GST is wide and most of the industrial and corporate entities are exposed to GST as a service provider, service / goods receiver, importer, exporter of service / goods or otherwise. Since these assessees come from a heterogeneous background (rural, urban, literate, illiterate, corporates, individuals, etc.), importing legal opinions on ticklish issues of tax, interpretation of judicial pronouncements and suggesting the course of action are some of the advisory and consulting services that professional like Company Secretaries could offer for better compliance. Company Secretaries can play an important role in being an advisor and facilitator for due compliances of laws relating to GST and be an asset to the general business community and corporate world. The Company Secretary can perform the following types of services to clients:-
i) Advisory services or strategic advisor
ii) Tax PlanningCompany Secretaries are competent to understand the impact of laws and its various alternatives and can be helpful in proper tax planning of GST.
iii) Procedural Compliances
iv) Book/Record KeepingLike any other tax laws, GST would also require proper record keeping and maintaining systematic records of credit of input/input service and its proper utilisation etc. Company Secretaries have competent skills to perform these tasks.
v) Appeals and Representation
vi) VettingVetting of legal documents and drafting agreements, etc. also requires professional skills. Company Secretary possess acumen in this area and could assist in drafting legal documents like replies to show cause notice, representations at appellate forums, representations before adjudicating authority, opinions and clarifications.
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