GST Updated Ebook
GST Updated Ebook
EBOOK
GST is a single tax that has subsumed several indirect taxes that
were previously levied on the sale of goods and services. It is applicable to
the manufacture, sale, and consumption of all goods and services in India.
Under the GST regime, instead of applying taxes on the total value of the
product at each stage, the GST only imposes tax on value addition. Since it
provides credit for the input tax paid at each previous stage of a supply
chain, this method considerably reduces the overall cost of manufacturing
and selling goods.
Let’s take a closer look at how this works with a simple example.
Note: In this example, we are assuming that all taxes associated with the
manufacturing process have been paid and the selling price in the first
stage is the final price set by the manufacturer (excluding VAT).
Note: Here we have assumed the VAT rate in state 1 to be 10% while the
VAT rate in state is 15%. This is because under the pre-GST system, the
VAT rates are different across different states.
In the above example, you can see that at every stage of the process,
the application of tax is non-uniform. The tax rate and type are different
each time, and getting ITC is difficult or impossible because the different
taxes are governed by different authorities.
Bottomline - Sellers lose money on taxes at every stage as they don’t get input
tax credit or refund on the tax paid on purchase whenever they make a sale.
GST
Now, let’s take the same example, but instead apply the GST model.
Bottomline - Looking at both the examples, one can see that there is not
much difference to the buyer/end consumer. The benefit to the end
consumer totally depends on the GST rate associated with a particular item
or service under the GST. If we had assumed a higher GST rate for the
bucket, the end consumer would have actually paid a lot more than earlier.
But then, the real benefit from the GST regime is actually reaped by sellers,
manufacturers and traders because the GST allows an unrestricted flow of
input tax credits and so they get a refund on the input taxes that they have
paid at the time of sale. That said, sellers can pass on this benefit to the
end consumer if they choose to by reducing their final selling prices (as
they do get their tax money back).
Components of GST
Since July 2017, India has been following the dual-GST model, which is
made up of the following components:
To understand the dual-GST model better, let’s take a look at the following
scenarios:
The four-tier tax structure of GST has the following slabs: a zero rate, a
lower rate, two standard rates, and a higher rate. Here’s a brief overview of
each GST rate.
Zero rate
The zero rate tax is a nil tax that is applied on goods and services. Zero
rated items include milk, eggs, curd, unpacked foodgrains and health &
educational services.
Lower rate
A lower rate of 5% will be applied on items like sugar, tea, edible oil, coal,
spices, and cotton fabric. This, along with the zero rate, will help prevent
inflation from having much of an impact on the prices of essential items.
Standard rate
There are two standard rates that have been finalized by the GST Council:
12% and 18%.
Processed food, butter, and mobile phones will be taxed at 12%. Capital
goods, industry intermediaries, toiletries, computers and printers will be
taxed the second standard rate of 18%.
Higher rate
A higher rate of 28% will be levied on white goods. This includes items
such as washing machines, high-end motorcycles, air conditioners,
refrigerators, small cars, etc.
Additional cess
The additional cess, which has been a topic of debate since the GST rates
were proposed, is now finalized. It was feared that demerit goods such as
tobacco products and aerated drinks, which were previously taxed at 65%
and 40%, would become cheaper and too easily accessible if the highest
rate of GST was set at 28%. To keep this from happening, the new GST
structure will collect an additional cess on top of the 28% GST. The cess
will only be applied on demerit goods like like coal, paan masala, tobacco,
aerated drinks, and motor vehicles.
E-invoicing
Under the new e-invoicing system, taxpayers will have to generate invoices
following the guidelines set by the GST Council. This guide is your key to
understanding the process of creating a compliant invoice. Here’s what you
need to know.
• What is e-invoicing?
What is e-invoicing?
An e-invoice, or electronic invoice, is a digital document that is exchanged
between a supplier and buyer and validated by the government tax portal.
E-invoicing is the proposed system where business-to-business (B2B)
invoices are digitally prepared in an e-invoicing format and authenticated by
the Goods and Services Tax Network (GSTN). This system ensures that a
common format is followed by all businesses before reporting invoices to
the GST portal.
To put an end to this endless trail of paperwork, the GST council introduced
the new return system.
Generating an e-invoice
Taxpayers will generate invoices like they normally do, except reporting will
now be done electronically. Taxpayers will have to follow the e-invoice
schema and submit mandatory details accordingly. Here is a list
of mandatory and optional parameters:
The digitally signed JSON with the IRN is sent to the seller. The uploaded
invoice data is then shared with the GST and e-Way Bill system. The GST
system will update the GSTR-1 for the seller and the GSTR-2A for the
buyer, which will help in determining the liability and ITC. The GST e-
invoice schema will contain details like ‘Transporter ID’ or ‘Vehicle number,’
which will be used to generate an e-Way Bill.
The government’s tax portal is not responsible for generating the e-invoice.
In fact, it will be created with the aid of the seller’s accounting/billing
software and their respective ERP systems. The IRP will just receive,
validate, and digitally sign the invoices uploaded by the seller.
The e-invoice details will be auto-populated on tax return forms and e-way
bills, making the tax return process easy.
All transaction details will be available online at all times. This would
eliminate the need for frequent audits and surveys. Differences in data can
be caught by comparing input credit and output tax.
This initiative will also build efficiency within the tax administration by
helping to identify fake invoices.
Invoice Furnishing Facility (IFF)
For taxpayers filing GST returns on a quarterly basis under the QRMP
(Quarterly Returns Monthly Payment) scheme, the government has
introduced the Invoice Furnishing Facility (IFF) to make tax compliance
easier. With this facility, you can file and reconcile returns easily, and also
transfer Input Tax Credit (ITC) to your buyers faster. This guide will explain
the basics of what you need to know about IFF, as well as when and how
to use this facility.
You can only use IFF for B2B invoices and credit/debit notes with the
following tables:
The total value of invoices for each month cannot exceed 50 lakh INR.
If invoices are not furnished using IFF, you will have to upload the required
information for all three months at the end of the quarter in Form GSTR-1.
If you have a large number of B2B invoices, this facility to upload invoices
each month will ease your tax burden and will reduce the number of
invoices that you need to upload at the end of the quarter.
To submit this information, you must fill the following tables that appear in
the Invoice Details page of the GST portal:
Previously, taxpayers were required to file GSTR-1 and monthly, but with
the QRMP scheme, they can file returns once a quarter. For example, in
the quarter of April-June, you can file returns once and pay taxes for April
by the due date in May. Under this scheme, you need to pay taxes on a
monthly basis (i.e., the first two months of a quarter) using the fixed sum
method (through a pre-filled challan) or self-assessment method (due tax
amount after adjusting ITC). These two methods will be explained in detail
further on in this guide.
Once you opt for this scheme, you will continue to be in this scheme unless
you cross the turnover threshold or opt out of it.
Why is the QRMP scheme important?
It is essential that small business taxpayers are aware of this scheme since
it would help reduce the number of returns they have to file in a year.
With this scheme, eligible taxpayers can also make use of the
optional Invoice Furnishing Facility (IFF). IFF allows you to file four
GSTR-1 returns in a year, and upload invoices for the first two
months of a quarter instead of waiting until the end of the quarter
while filing the return. With IFF, your buyers can also claim Input Tax
Credit (ITC) faster.
Criteria
You can avail this scheme only if you are liable to file Form GSTR-1 and
Form GSTR-3B returns.
You need to have an aggregate turnover of up to INR 5 crores or less in the
preceding financial year. If your turnover crosses this threshold amount,
you will not be eligible for the scheme from the next quarter.
You should have filed your last due GSTR-3B return.
You should not have any data saved in Form GSTR-1 in the portal for the
period in which you’re opting for the scheme. Once you have deleted the
saved information in Form GSTR-1, you can opt for the scheme.
If you had an annual turnover of up to INR 5 crores for the financial year
2019-20, and if you have filed the GSTR-3B return for October 2020 by
November 30th 2020, you would have automatically been migrated to the
QRMP scheme for the quarter of January-March 2021. If you have been
migrated, you will be assigned a certain return option for this quarter.
In the current financial year, if you have a turnover of up to INR 1.5 crores
and
filed GSTR-1 on a quarterly basis, you will be assigned the GST quarterly
return option.
filed GSTR-1 on a monthly basis, you will be assigned the GST monthly
return option.
In the preceding financial year, if you had a turnover between INR 1.5
crores-5 crores, you will be assigned the GST quarterly return option.
If you are a registered taxpayer and have not been migrated, you can opt
for this scheme once you fulfill the criteria.
You can opt for this scheme if you have been given registration during the
first month of a quarter. However, if you have been given registration during
the latter two months of a quarter, you can opt for QRMP only from the next
quarter. For example, for the quarter of April-June, if you have been
registered by April, you can avail the QRMP scheme for that quarter. If you
have been registered only in May or June, then you cannot avail QRMP for
that quarter, and can only avail it for the next. Till then, you will have to file
GSTR-1 and GSTR-3B monthly.
You should submit the GSTR-3B return for each quarter by the 22nd or
24th of the following month, as per the state/union territory where your
principal place of business is registered. Based on the criteria mentioned
previously (that the last GSTR-3B should be filed before opting for QRMP),
if you wish to opt for the QRMP scheme for the quarter of April-June, you
should have submitted your GSTR-3B return for March by the 22nd or 24th
of April. In case you opt out of the scheme, you will have to file GSTR-1
and GSTR-3B on a monthly basis.
Under the QRMP scheme, you can use the Invoice Furnishing Facility (IFF)
to upload invoices for the first two months of a quarter. For each month,
you can submit details of your outward supplies to a registered person till
the 13th of the following month. For the last month, you will have to submit
GSTR-1.
If your last GSTR-3B was filed quarterly, you can get a pre-filled challan for
an amount equal to 35% of tax amount (paid in cash) in the previous
quarter. However, if you are a new taxpayer, have not filed your last GSTR-
3B, or opted out of the Composition scheme, you cannot access the 35%
challan.
If your last GSTR-3B was filed monthly, you can get a pre-filled challan for
an amount equal to the full tax amount (paid in cash) in the last month of
the previous quarter.
Self-assessment method
Here, you can submit the actual tax amount due on inward and outward
supplies, along with the available ITC.
The tax amount you have submitted for the first two months can be used
for adjusting any liability you have in the quarter through form GSTR-3B.
You have an adequate balance in your electronic cash/credit ledger for the
tax amount you need to pay. In case the balance in the electronic cash
ledger is not adequate to clear the tax amount, you can use PMT 06 to
make your payment.
You have no liabilities for that month.
Note: If you are a GST practitioner, you can make payments on behalf of
your clients. However, you cannot opt in/out of the QRMP scheme on
behalf of a taxpayer.
Methods of payment under the QRMP
scheme
You can use either of the following payment methods for any of the months
when making your payment through PMT 06:
Fixed-sum method
Self-assessment method
Fixed-sum method
In this method, you can get a pre-filled challan for 35% of the tax amount or
100% of the tax amount, depending on whether you filed quarterly returns
or monthly returns in the previous quarter.
If you had filed quarterly returns, you will get a pre-filled challan for 35% of
the tax amount paid from the Electronic Cash Ledger in the preceding
quarter. If you had filed monthly returns in the preceding quarter, you can
get a pre-filled challan for 100% of the tax amount paid from the Electronic
Cash Ledger in the last month of the previous quarter.
Note: If you are a new taxpayer, if your last GSTR-3B was not filed, or if
you have opted out of the Composition scheme, you cannot access the
35% challan.
Self-assessment method
In this method, you have to assess your tax liability manually and pay the
amount through GST PMT 06 payment challan. You need to consider the
amount you have to pay on inward and outward supplies after adjusting the
available Input Tax Credit (ITC). You can check your ITC by checking the
auto-drafted ITC statement in Form GSTR-2B, for each month.
For detailed instructions on how to create and submit this challan, you can
visit the GST portal .
If you are in the QRMP scheme, keep in mind that the amount you have
deposited will only be used to make up for any liabilities and cannot be
used for any other purpose until you have filed GSTR-3B for that quarter.
Any remaining amount after filing GSTR-3B can be used in the subsequent
quarters. Refunds can also be claimed only after you have filed GSTR-3B
for that quarter. For example, for the quarter of April-June, if you want a
refund for the amount that you deposited in April, you can only get a refund
once you have filed GSTR-3B for June.
Interest for late payment
If you don’t make the payment by the due date, interest will accrue from the
due date until the date of payment. A separate interest charge will be made
if Form GSTR-3B is not filed by the due date. In both cases, the interest
rate is 18% (per annum) of the net tax liability.
If you are paying through the fixed sum method, you will not owe interest if
the due tax amount is paid in the first two months of the quarter by the due
date. If you opt for the self-assessment method, you’ll have to pay interest
for tax or any liability (net of ITC) for late payments. You’ll have to pay this
interest through Form GSTR-3B.
In case the amount you paid for each of the first two months is lesser than
the actual amount you owe, you won’t have to pay interest on it as long as
you pay the remaining amount by the end of the quarter, while filing GSTR-
3B.
• Required Documents
Before diving into the process involved in GST registration, let’s take a look
at the eligibility criteria for GST registration.
Eligibility
Businesses with an aggregate turnover exceeding Rs. 20 lakhs must
mandatorily register and pay for GST. Threshold limit is based on the
yearly aggregate turnover of a business.
Required Documents
While registering for GST, please make sure that you have soft copies of
the documents mentioned below:
Normal Partnerships
You will have to use these credentials to log into the GST portal and submit
the necessary forms for obtaining GST registration. To start with the
registration process,
Log on to www.gst.gov.in
Click New user login and enter your provisional username and password.
Click Login
In the screen that follows, you will be prompted to enter your email address
and mobile number.
A One Time password (OTP) will be sent to your registered email address
and mobile number. (The one you receive in your email and the one you
receive on your mobile number are different). Enter both the OTPs to
complete the verification.
Once the process is done, you will be taken to the screen where you will be
asked to select a new username and password for your GST portal.
Enter the username and password of your choice and click Submit. You will
get a success message informing about the update of your new username
and password. You will then be redirected to the login screen where you
will again have to login using your new username and password.
The next step is to register for GST and receive a provisional GST number.
As soon as you log in, you will see the dashboard of the GST portal.
In the dashboard, click Provisional enrolment option present on the top left
corner.
Under provisional enrolment, you will have seven sections which you will
have to fill before submitting your application. They are:
o Business details
o Details about proprietor and partner
o Authorized signatory
o Principal place of business
o Additional place of business
o Goods and services
o Bank accounts
Under each section you will be asked to fill a form and upload the relevant
document(s). For example, while filling the Business Details section, you will
be asked to upload the proof of constitution of business i.e. proof for
registering your business. Similarly, you will be asked for an address proof
for your business while filling the Principal Place of Business section. So,
keep a digital copy of all your necessary documents ready before filling up
the applications. This will save you a lot of time.
After filling up all the seven sections, you will have to verify your details
using Digital Signature Certificate (DSC) or E-signature. Enrolment for GST
is not complete without the E-signature.
Upon digitally signing the application, you will receive an acknowledgement
email in your registered email address.
To apply for a new GSTIN, please follow the steps mentioned below:
Go to www.gst.gov.in
Click the Services dropdown from the homepage, and navigate
to Registration > New Registration
Select the New Registration option, in the screen that follows.
Fill the details of the form and an OTP will be sent to your email address
and mobile number. Please note that OTPs sent to your email address and
mobile number are different.
Enter the OTPs and click Proceed.
You will be taken inside the portal where you will be asked to fill other
details such as your company name, authorized signatory, PAN information
etc.
You will also be asked to upload digital copies of your PAN and company
registration document, etc.
Once you complete the form, you will be sent a success message and
reference number to your email address and mobile number.
A provisional GSTIN will be sent to you in a couple of weeks.
In the screen that follows, you can check the status of your application by
entering either your registration number, provisional ID, or your PAN
number.
The e-way bill has been made mandatory for inter-state supplies from April
1, 2018 and for intra-state supplies from April 25, 2018 in certain states
(Arunachal Pradesh, Madhya Pradesh, Meghalaya, Sikkim, and
Puducherry).
Delhi
As of 16th of June, 2018, e-Way bills are only required for transporting
goods worth more than Rs. 1 lakh, within Delhi, i.e. intra-state movement.
An e-Way bill isn’t required for movement of goods that involve registered
sellers and unregistered customers, within the state of Delhi.
West Bengal
As of 6th June, 2018, e-Way bill is required to be generated only when
transporting goods worth more than Rs. 1 lakh, within the state of West
Bengal.
Tamil Nadu
As of 2nd June, 2018, e-Way bill is required to be generated only when
transporting goods worth more than Rs. 1 lakh, within the state of Tamil
Nadu.
Supply of goods
Non-supply transactions like export/import, return of goods, job work, line
sales, sale on approval basis, semi or completely knocked down supply,
supply of goods for exhibition or fair, and goods used for personal
consumption.
The transporter should generate an e-way bill, if both the consignor and the
consignee fail to generate an e-way bill despite having handed over the
goods to the transporter, for conveyance by road.
If the distance is less than 200 km then the validity period will be one day
before the relevant date. For every 200 km thereafter, the validity extends
by a day from the relevant date.
Exemptions:
An e-way bill is not required in the following cases:
Note: If the consignment contains both - exempt and taxable goods, the
value of exempt goods is excluded from the value of the consignment.
If goods are transported by non-motorized conveyances (example:
railways). Though an e-way bill is not required, an invoice or a challan
should be carried during the transportation of goods.
If goods are transported from a port, airport, air cargo complex or land
customs station to an inland container depot or a container freight station
for clearance by the Customs Department.
Transport of goods as specified in Annexure to Rule 138(14) of the CGST
Rules, 2017.
If you’re a business owner, transition to GST from the previous tax regime
would bring a lot of questions to your mind. This section talks about a few
important things that you should know while moving to the GST regime.
• What is ITC?
o TRAN-1 Form.
o TRAN-2 Form.
• Transition provisions for Composition Scheme.
According to the Model GST law, a taxable person can take credit for the
tax amount, which they paid while purchasing capital goods for the
company. Any input tax credit from the previous tax regime could be
passed on as input tax credit in GST while migrating to the GST regime.
Let’s take an example: July 1, 2017 is the appointed day for the GST
rollout. As a business owner, you must make sure that you’ve made a
complete list of all the stock as on June 30, 2017 and claim input tax credit
while filing returns for the period ending June 30, 2017. It will be eligible for
input tax credit under GST only if all such goods and services mentioned in
the return are eligible for such credit under the new GST law.
You should do this within 60 days from the appointed day (in this case, July
1, 2017).
To move your input tax credit into the GST system, you will have to log into
the GST portal and submit either one of the electronic forms; the TRAN-
1 or the TRAN-2 as applicable, mentioning the amount of tax or duty, you
wish to claim as credit.
The application should also furnish the following information:
The name of the supplier, serial number and date of issue of the invoice by
the supplier or any document on the basis of which credit of input tax was
admissible under the existing law.
The description, quantity and value of the goods or services.
The amount of eligible taxes and duties or, as the case may be, the value
added tax [or entry tax] charged by the supplier in respect of the goods or
services.
The date on which the receipt of goods or services is entered in the books
of account of the recipient.
TRAN-1 Form
This form has to be filed by every registered taxpayer who wants to claim
ITC on the closing stock that he/she has, as on July 1, 2017. This form will
contain the following details:
• Supplies where there are more than one goods and/or services involved
Let’s look at how each of these characteristics is defined in the GST Act.
A supply under GST has three attributes that are used to calculate the tax
owed for that transaction: place, value, and time.
Under the GST, supply of goods and/or services can be classified into two
major categories - Taxable supplies and Non-taxable supplies. These are
further classified into different types based on the nature of supply made.
Taxable Supplies - These refer to supply of goods and/or services that are
taxable under GST. Registered taxpayers can claim refunds on tax paid
during purchases (in other words, they are eligible for ITC).
o Regular taxable supplies - Whenever you supply an item or service which
attract a GST rate greater than 0% within India, it becomes a
regular taxable supply.
o Nil-rated supplies - Whenever you supply goods which attract 0% GST by
default, such supplies are known as nil rated supplies.
o Zero-rated supplies - Whenever you make exports, supplies to a SEZ unit
or deemed exports, the GST associated with the items or services
involved becomes 0 even though the same would attract a GST rate
greater than 0% when sold within India. Such supplies are deemed as
zero rated supplies
Non Taxable Supplies
o Exempt Supplies - The supply of exempt goods or services do not attract
GST even though they are within the purview of GST. That said, the
registered taxpayer cannot claim ITC on inputs used for making such
supplies.
o Non-GST supplies - This refers to supply of items which are outside the
purview of the GST law.
Note: The following transactions must neither be considered as a supply of
goods nor services: Supply of goods from one non-taxable territory to
another without entering India. Supply of warehoused goods to a buyer
before they pass clearance for home consumption. Supply of goods related
to high sea sales.
Any supply of goods and/or services made under GST will be classified as
either wholly goods or wholly services depending on the primary item or
service supplied according to Schedule II of the GST law. This also applies
to those cases where the supply made involves both goods and services.
While goods and services can be supplied individually, one can also supply
them as a bundle or a set using one of the following methods of supply:
If the goods and services supplied together are a natural bundle (wherever
it makes more sense to provide them together than to sell them
individually), then it is known as a composite supply.
If the goods and services supplied together are not naturally bundled
together (they are not interdependent and can also be sold separately),
then such a supply is known as mixed supply.
• Regular Businesses.
• Amendments.
• Auto-drafted Returns.
• Tax Notice.
GST
Purpose
Returns
GST
Purpose
Returns
GST
Purpose
Returns
Monthly return for ISDs (This return contains the details of the
taxpayer’s basic information (name, GSTIN, etc), period to
which the return pertains, invoice-level supply details from the
GSTR-1 of counter-parties, invoice details, including the
GSTR6
GSTIN of the taxpayer receiving the credit, separate ISD
ledger containing the opening ITC balance for the period,
credit for ITC services received, debit for ITC reversed or
distributed, and closing balance).
Variable tax return for taxpayers with UIN (It contains the
details of purchases made by foreign embassies and
GSTR11
diplomatic missions for self consumption during a particular
month).
Amendments
GST
Purpose
Return
GST
Purpose
Returns
Tax Notice
GST
Purpose
Return
During the 31st GST meeting, the GST Council decided to institute a new
return filing system to help ease the burden of filing returns for taxpayers.
In an attempt to help taxpayers switch to this new filing system, the GST
Council has initiated a transition plan.
As of May 2019, a prototype of the offline tool used to file returns was
shared on the online portal. The offline tool shares the same look and feel
as the online portal.
The new returns have 5 main components: one main return and four
annexures (Form GST ANX-1, Form GST ANX-2, Form GST ANX-1A, and
PMT-08).
From July 2019, taxpayers will be allowed to upload their invoices using the
offline tool for Form GST ANX-1 on a trial basis. They will also be able to
view and download their invoices for inward supplies using the Form GST
ANX-2 offline tool on a trial basis. From August 2019, taxpayers can import
their purchase register using the offline tool and match it with their
downloaded inward supply invoices to find mismatches.
The new annexures ANX-1 and ANX-2, will be made available for trial
between the months of July and September, 2019. During this time,
taxpayers must continue to file their outward supply details in Form GSTR-
1 and their returns in Form GSTR-3B.
From October of 2019, Form GSTR-1 will be replaced with Form GST
ANX-1. This will be made compulsory for large taxpayers (those with an
aggregate annual turnover in the previous financial year of more than Rs. 5
crore) in October 2019, and for small taxpayers (those with an aggregate
annual turnover in the previous financial year of up to Rs. 5 crore) in
January 2020. Both large and small taxpayers may begin uploading
invoices and other documents in Form GST ANX-1 on a continuous basis
from October 2019. This is not the case for Form GST ANX-2, however, as
this form can only be viewed during this period.
For the months of October and November 2019, large taxpayers are to
continue filing Form GSTR-3B on a monthly basis. They must file their first
Form GSTR-1 for the month of December 2019, by the 20th of January,
2020. Small taxpayers, on the other hand, must stop filing Form GSTR-3B
and start filing Form GST PMT-08 in October 2019. They can start filing
their first Form GSTR-1 for the quarter of October to December 2019, from
the 20th of January, 2020.
Starting from January 2020, all taxpayers must begin filing Form GST RET-
01. Form GSTR-3B must be completely phased out.
• Uploading Invoices
• Sugam return
• Normal return
The return will have two tables; one for reporting outward supplies and the
other for availing input tax credit based on the invoices that the supplier
uploads.
The taxpayer can create a profile according to the nature of supplies made
and received. The fields that the taxpayer would need to fill in would be
displayed according to the nature of his profile.
The date of filing will depend on the business’ turnover, in order to ease the
load on the IT system.
Nil return filers or taxpayers who have made no purchase or sale will be
able to file returns by sending an SMS.
New Returns For Composition Dealers
Composition dealers and dealers who have zero transactions can file
quarterly returns.
The new returns for small taxpayers is called Sahaj and Sugam. This return
will require fewer details than the regular return.
The GST Council has introduced 3 new returns, Sahaj, Sugam, and the
Normal return in an attempt to simplify the process of filing returns.
Uploading Invoices
The seller can upload invoices at any time of the month in order to allow
the buyer to avail input tax credit.
The buyer can view and lock the invoices as and when the seller uploads
them.
Stage I
In this stage, there will be no change in the current filing system. The filing
of GSTR3B and GSTR1 will continue. GSTR2 and GSTR3 will remain
suspended. This stage will last until the new filing software is ready to use,
which is expected to occur in six months.
Stage II
When the new filing system is ready, it will allow you to upload invoice-wise
data and also claim input tax credit on a self-declaration basis similar to
the current GSTR3B filing process. During this stage, you will be able to
see the credits available to you based on the invoices that your sellers
have uploaded and the provisional credits that you can claim. This stage
will last for six months to allow everyone to adjust to the new system.
Stage III
Six months after Stage II begins, provisional credit will end. The input tax
credit that you can avail will then be limited to the invoices uploaded by
your sellers.
With the rollout of GST in July, one of the most important concepts that
every tax payer needs to understand is input tax credit(ITC). Before diving
into details, let’s have a thorough understanding of input tax credit.
What is Input Tax Credit?
GST taxation structure allows businesses across India to claim input credit
for the tax they paid while purchasing capital goods for their company.
Latest updates
Starting January 2021, the provisional credit is restricted to 5 per cent.
According to Rule 86B under GST, if the value of taxable supply exceeds
50 lakhs in a month, then the registered taxpayer cannot use the available
credit amount to discharge his output tax if it exceeds 99% of tax liability.
ITC will be auto populated from GSTR 1 through GSTR 2B. This will be
effective for monthly filers from 1 January, 2020 and for quarterly filers from
1 April, 2020.
In order to enable auto population of tax liability and ITC, Form GSTR 1
has to be mandatorily filed before GSTR 3B.
They purchase steel and plastic worth Rs.2000 from a vendor at a GST
rate of 12.5%. Thus, the input tax they pay is Rs.250.
The company now sells the manufactured knives for Rs.4000, plus an
output tax of 12.5%, making the total selling price Rs.4500 (Rs.4000 +
Rs.500).
Thus, the tax that MK Kitchen Knives owes to the Government = Output tax -
Input tax credit = Rs.500 - Rs.250 = Rs.250
Eligibility criteria
Businesses need to adhere to the following rules to claim input tax credit.
The buyer must possess a valid tax invoice, debit note, or other prescribed
document issued by a registered dealer.
The buyer must have received the good or service. If the product is being
received in instalments, then the credit can be claimed against the tax
invoice for the last instalment.
The supplier must have paid the tax due on the buyer’s purchases to the
government either in cash or by claiming input tax credit.
Finally, the supplier must have filed GST returns. The most unique and
unprecedented change GST brings to this entire tax setup is that you are
allowed to claim input tax credit on your purchases only if your supplier is
GST compliant and has paid the tax they had collected from you.
To claim ITC, the buyer should pay the supplier for the supplies received
(inclusive of tax) within 180 days from the date of issuing the invoice. If the
buyer fails to do so, the amount of credit they would have availed, will be
added to their output tax liability. Once the buyer pays the amount due to
the supplier by the taxpayer, they will be able to avail ITC. In case of partial
payment, credits proportionate to the payment can be availed.
Motor vehicles used to transport people (seating capacity of more than
thirteen including driver), vessels and aircrafts, and money for or by a
banking company or financial institution.
General insurance, repair and maintenance with respect to motor vehicles,
vessels and aircrafts.
Goods or services that are mandatory for an employer to provide to their
employees, under any law.
Documents required
The documents required to avail ITC are:
Before filing valid GST returns for month of September following the end of
the financial year applicable to that invoice. For example, for an invoice
issued on June 26, 2018, ITC should be claimed by September 2018.
Before filing a relevant annual return
In cases where the tax on purchases is higher than the tax on sales, the
extra input credit can be carried forward or claim a refund.
Existing CENVAT) credits can be converted to GST input tax credits as
well.
Adjusting ITC for inter-state and intra-state
transactions
Let’s now look at how Input Tax Credit can be used to offset output tax
liabilities for both inter-state and intra-state transactions.
Let’s say MK Kitchen Knives is based in Tamil Nadu. The details of their
last four intra-state transactions are tabulated below, including the tax
liability.
In the above example, MK Kitchen Knives has a total input tax credit
of Rs.80,000 (Rs.50,000 + Rs.30,000) from both CGST and SGST.
Based on the tax offsetting rules under GST, they use the CGST input tax
credit worth Rs.80,000 to offset the CGST liability of Rs.87,000 (Rs.47,000 +
Rs.40,000). Once this adjustment is completed, the remaining CGST
liability is Rs.7,000 (Rs.87,000 - Rs.80,000).
Similarly, they use the SGST input tax credit worth Rs.80,000 to offset the
SGST liability of Rs.87,000 (Rs.47,000 + Rs.40,000). Upon completion, the
SGST liability amounts to Rs.7,000 (Rs.87,000 - Rs.80,000).
The total tax liability is thus Rs. 14,000 (Rs.7,000 + Rs.7,000).
If there is any CGST credit left over after setting off the CGST tax liability, it
cannot be used to offset SGST. Thus, the balance of the CGST credit will
be carried over to the next tax period. The same applies to unused SGST
credit; it can only be carried forward, not applied to CGST liability.
Consider another set of transactions for MK Kitchen Knives. This time, it’s a
mix of inter-state and intra-state transactions.
As illustrated above, MK Kitchen Knives has an IGST credit
of Rs.40,000 (Rs.10,000 + Rs.10,000 + Rs. 20,000), and tax liabilities
of IGST 20,000, CGST 10,000 and SGST 15,000.
According to the tax offsetting rules under GST, IGST credit needs to be
used first to offset IGST tax liability. Whatever IGST credit is left can be
used against CGST liability, then against SGST liability (in that order).
MK Kitchen Knives first uses their IGST credit to offset their IGST liability
of Rs.20,000.
The remaining credit of Rs.20,000 (Rs. 40,000 - Rs.20,000) is used to offset
the CGST liability of Rs.10,000.
After this adjustment, the remaining IGST credit of Rs.10,000 can be used to
offset part of the SGST liability worth Rs.15,000.
Once the entire IGST credit has been utilized, we’re left with a SGST
liability of Rs.5,000 (Rs.15,000 - Rs.10,000).
Availing ITC
Here are a few specific cases in which ITC can be availed:
When goods/services are used partly for business purposes and partly for
other purposes, then ITC can be availed only on the inputs used for
business purposes.
When goods/services are used partly for furtherance of taxable supplies
and partly for exempt supplies, ITC can be availed only on the inputs used
for making taxable, and zero rated supplies.
A taxpayer switching from composition scheme to the normal scheme, can
avail ITC on the following:
o Purchases held as stocks (this could include semi-finished/finished
goods)
o Capital goods held till their last day as a composition dealer
When an exempt supply of goods and/or services become taxable, the
supplier can claim ITC for the goods held as stock (this could include semi-
finished/finished goods) relatable to exempt supplies. The supplier will also
be liable to claim credit on capital goods used exclusively for the exempt
supply.
When vehicles that have a seating capacity of more than thirteen (including
the driver), used to transport people.
When vehicles are used to transport vessels and aircrafts.
When vehicles are used to transport money for a financial institution.
When certain services such as, insurance, repair or maintenance of
vehicles, vessels and aircrafts for which credit is applicable.
For goods or services that an employer must provide their employees,
under any law.
NOTE: In the last two cases, ITC should be availed within 1 year from the
date of issue of invoice by the supplier.
ITC Utilization
As per Rule 88A from a notification released by the CBIC (Central Board of
Indirect Taxes and Customs), taxpayers must first use the ITC available
from integrated tax to pay off all of their applicable integrated tax. Any ITC
remaining after this, can then be used towards paying CGST, SGST, and
UGST. This rule is only applicable if the ITC availed from integrated tax is
used completely, before the ITC availed from CGST, SGST, and UGST are
used.
Here is how ITC was utilized before Rule 88A was implemented.
Here is how ITC is utilized after the implementation of Rule 88A.
As India is gearing up to make the switch to GST, there are lots of new
rules and regulations to follow when it comes to invoicing. The Government
has specified the tax elements that are mandatory to each invoice, and it is
absolutely essential that business owners across India update their
invoicing processes accordingly.
Types of invoices
There are two types of invoice in the GST regime:
Let’s now look at all these details individually and see what they mean:
The type of invoice - It needs to show whether the issued document is a tax
invoice, a debit note or a credit note.
Name, address and GSTIN of the supplier - These details are crucial for
matching your outward supplies with your customers’ inward supplies in the
GSTN portal.
Invoice serial number - The invoice serial number must be part of a
consecutive series containing only alphabets and/or numerals. It must also
be unique for a financial year.
Name, address and GSTIN of the recipient - Just like the supplier details, the
recipient details will be used for matching and reconciling the transactions.
UIN - This ID is assigned to agencies of the United Nations, consulates or
embassies of foreign countries, and certain other persons. Not all invoices
will include a UIN.
Destination state name - Invoices for inter-state transactions must specify
the destination state.
HSN or SAC code - If you’re supplying goods, you must include the HSN
code (unless your annual turnover is less than Rs. 1.5 crores). If you’re
supplying services, you must include the SAC code.
Tax amount charged - The CGST, SGST, and IGST tax rates, along with
the corresponding tax amounts, must be shown in separate columns.
Reverse charge statement - The invoice must state whether reverse charge
is applicable to the transaction or not.
Signature - The supplier or other authorized person must sign either in
physical form or digitally.
Note: If the recipient is not registered under the GST regime, and the value
of supply is more than Rs.50,000, the invoice should contain the following
details:
Name and address of the recipient
Shipping address
State name and State code
If the supply involves the transfer of finished goods from one place to
another, then the invoice must be issued at or before the time
of transfer. So if a dealer is purchasing pens from a supplier, the supplier
needs to issue an invoice at or before the time the pens leave the
warehouse. If the supply does not involve the transfer of finished
goods, the supplier can issue the invoice when the goods are delivered to
the recipient. If a dealer is purchasing a custom partition wall for his/her
office that will be completely assembled on-site, the invoice must be issued
at the time the completed wall is made available at the recipient’s office.
Supply of services
In most cases, the tax invoice must be issued within 30 days from the date
of supply. If the supplier is a bank or an insurer, then the invoice must be
issued within 45 days from the date of supply.
The original invoice is issued to the recipient, and is marked as ‘Original for
recipient’.
A duplicate copy is issued to the transporter of goods, and is marked as
‘Duplicate for transporter’. This duplicate needs to be shown by the
transporters whenever they’re asked for evidence, unless the supplier has
obtained an invoice reference number. (The supplier can obtain an invoice
reference number by uploading their tax invoice in the GST portal. It is valid
for 30 days from the date of upload.)
A triplicate copy is retained by the supplier for their own use, and is
marked as ‘Triplicate for supplier’.
For the supply of services, the following copies are required:
The original invoice is issued to the recipient, and is marked as ‘Original for
recipient’.
A duplicate copy is retained by the supplier for their own use, and is
marked as ‘Duplicate for supplier’.
Revising an already-issued tax invoice
When an invoice is already issued, but there are changes to be made in the
taxable value of the product or the tax amount, one of the following needs
to be issued:
Latest Updates
As per the amended CGST rule, all taxpayers will continue to pay monthly
dues through a simple challan. As per new provisions, a nil FORM CMP-08
can be filed via SMS.
As per the 32nd GST Council Meeting, a new composition scheme is being
put together. This is meant for those suppliers who are either providing
independent services or a combination of both goods and services, and
have a turnover of up to Rs 50 lakhs in the preceding financial year. The
tax rate for this scheme is at 6% (3% CGST + 3% SGST).
Features of Composition Scheme:
Here are some important features of composition scheme:
A compounding dealer cannot collect tax or claim input tax credit for the
supplies delivered to their clients. Due to this reason, bills of supply are
issued for sales transactions, instead of tax invoices.
Business owners registered under this scheme pay tax at a much lesser
rate compared to normal business owners. The tax paid by the
compounding vendors will be equal to at least 1% of the business’s annual
turnover.
The composition rates are different based on the type of business.
The registered business owner under Composition Scheme will have to file
one return each quarter by 18th of the month following that quarter.
Eligibility criteria
As of the 1st of April, 2019, the limit to be eligible for the composition
scheme has been increased to Rs 1.5 crore (less than 75 lakhs for North
Eastern states) and the business is required to sell goods only within their
own state.
E-commerce operators/aggregators
They should file FORM GST CMP-01 through the GSTN portal on or before
30 days from July 1, 2017. If the filing is delayed, the business owner will
not be allowed to collect tax or issue bills of supply.
Once this is done, the business owner should furnish details regarding the
stock held by them before they opted for composition scheme in FORM
GST CMP-03 within 60 days. Details regarding purchases made from
unregistered vendors should also be included in this form. After
filing FORM GST CMP-03, the business owner should not collect any tax
from the appointed day but, they can issue bill of supply for supplies made
after that day.
To register for composition scheme, the business owner should file FORM
GST CMP-02, and furnish details of ITC related to inputs, semi-
finished/finished goods (within 60 days from the beginning of the financial
year) held in stock, in FORM GST ITC-3.
Additionally, taxpayers that are listed under the Composition Scheme also
need to file a new form, GST CMP-8, a simplified statement for payment of
self-assessed tax, by the 18th of the month after the end of a quarter. This
means that business would have to file the returns for the April-June
quarter in July. Taxpayers can fill in details of their inward and outward
supplies applicable to reverse-charge, tax and interest payable, and tax
and interest paid. The due date for the period of April-June 2019 has been
extended to the 31st July 2019.
The responsibility of reverse charge can either rest completely on the buyer
or in certain special cases, it can be partially/jointly borne both by the buyer
and the seller.
Note: Reverse charge applicable on supplies made by unregistered
vendors to their registered customers has been suspended till June 30,
2018.
When is reverse charge applicable?
Reverse charge is applicable on both, goods and services. The following
are the situations in which reverse charge will be applicable:
Recipient of
Tariff item,
supply (the
sub- Description
person who
S.No heading, of supply of Supplier of goods
pays tax
heading or Goods
on reverse
chapter
charge)
Cashew
nuts, not Registered
1. 0801 Agriculturist
shelled or taxable person.
peeled
Bidi wrapper
Registered
2. 1404 90 10 leaves Agriculturist
taxable person.
(tendu)
Tobacco Registered
3. 2401 Agriculturist
leaves taxable person.
or silk worm
cocoons.
Recipient of supply
(the person who
S.No Service Service provider
pays GST on
reverse charge)
Services provided by a
Supplier in non- Registered
1. person in a non-taxable
taxable territory taxpayer
territory
Individual or Corporate or
5. Sponsorship services
business partnership firms
Services provided by
government or local
authority
Government/Local Registered
6. (excludes renting of
authority taxpayer
immovable property,
postal services,
insurance and agency
Recipient of supply
(the person who
S.No Service Service provider
pays GST on
reverse charge)
services, services
provided to an aircraft
or ship in an Indian air
port or port and
transport of
goods/passengers)
Services offered by a
The company to
director or corporate Director or
7. which they offer
body to their own corporate body
their services
company
Services of an
8. Insurance agent Insurance company
insurance agent
Banking
Recovery agent
9. Recovery agent company/Financial
services
firm
Transport of goods by a
vessel from overseas to Transporting
10. Importer of goods
a customs office in agency
India
Transfer/Giving
permission to
Artist, musician or
copyrighted content (as Publishing
11. any creative
according to section company
person
13(1) of copyright act
1957)
Note: If none of the above applies, then it can also be the date of entry in
the books of the receiver.
Examples for determining time of supply for goods and services:
Goods:
Let’s say, you purchase goods from an unregistered vendor on October 28,
2017. The goods are delivered to your workplace on October 29, 2017.
Now, you complete your payment on November 1, 2017. So, you have to
pay GST under reverse charge, as the supplier is unregistered.
Services:
For example, if you are the owner of a goods transport agency, and you
provide transportation services to a client. Since reverse charge is
applicable on goods transportation service, the client (recipient) has to pay
reverse charge. Now, you’ve provided the services on 28 October 2017,
and issued an invoice the very same day, and the client pays you on 5
November 2017.
If the client fails to make the reverse charge payment to you within 60 days,
the time of supply will be 60 days from the date of invoice, that is the 28th
of December.
Also, a supplier cannot claim ITC on the tax paid on goods/services that
were used to make supplies that incur reverse charge.
Self-invoicing
Under reverse charge mechanism, self-invoicing is done when a business
owner purchases supply from an unregistered supplier. This is done, as the
unregistered supplier cannot issue an invoice.
Under the GST regime, multiple tax levies have been replaced by a single
GST tax. This has led to major changes in the accounts the business
owners must maintain. Previously, you would have maintained individual
accounts for VAT, excise, CST and other service taxes with separate input,
output, and credit entries for each. Now, the new tax regime means a
completely new list of accounts, featuring the components of GST.
When the turnover of a business exceeds the prescribed financial limit, the
business is liable for an audit.
Records and accounts to be maintained under the
GST regime
Every business owner registered under GST must maintain the following
records:
o Inward and outward supplies that attract the payment of tax on reverse
charge, along with relevant documents such as invoices, bills of supply,
delivery challans, credit notes, debit notes, receipt vouchers, payment
vouchers, refund vouchers and e-way bills.
Account of stock with respect to the goods purchased and sold. This
account should contain all the related details like opening balance, amount
of goods received and supplied, goods lost/stolen/destroyed/written off as
gift or free samples, balance stock of raw materials, finished goods, scrap,
and wastage.
Account of advances received and paid, along with adjustments if any.
Account of tax amounts, which contains details of tax payable, tax collected
and paid, input tax, input tax credit claimed (along with tax invoice as
proof), credit note, debit note, and delivery challan (issued or received
during a particular tax period).
Supplier details containing the name and address of the supplier from
whom taxable goods/services, have been received.
Recipient details containing the name and address of the buyer to whom
goods/services were supplied.
Address of the warehouse/garage or any other premises where the goods
are stored. This includes goods stored during transit, along with the details
of the stock stored at that instance.
Monthly production accounts, where the quantitative details of the following
are furnished:
o raw materials used for manufacture
o goods manufactured
o waste and by-products produced in the process
Accounts containing the quantitative details of goods used in the provision
of services, details of input services utilised and the services supplied
The E-cash ledger serves as an e-wallet and can be used by the taxpayer to
make any payments, such as tax, interest, and penalties. If the taxpayer
does not have enough money in this ledger for a particular payment, they
can simply recharge it online.
The E-credit ledger will contain the input tax credit fetched from
the taxpayer’s monthly returns. The credit will be of three types: CGST,
SGST and IGST. This amount can only be used to pay tax and cannot be
used for any other purpose.
The E-liability ledger will contain the taxpayer’s total tax liability for a
particular month. By default, this will be shown on the taxpayer’s GST
dashboard.
How to pass your accounting entries
Let’s now consider a sample transaction and observe how the entries need
to be made in the taxpayer’s different accounts.
Intrastate transaction
Let’s say Raj purchased pens worth Rs. 50,000 from a GST-registered
dealer within his state. The tax applicable to his purchase is 18%, which is
broken down into CGST (9%) and SGST (9%). Thus, he pays a total tax of
Rs. 9,000 (18% of Rs. 50,000) which is split equally between CGST
(Rs. 4,500) and SGST (Rs. 4,500). He can later claim this amount as input
tax credit when he has to offset his output tax liabilities.
He now sells the pens to another GST-registered dealer for Rs. 80,000. His
output tax liability will be 18% of Rs. 80,000, for a total of Rs. 14,400 that is
split up equally between output CGST and output SGST.
Let’s assume he paid a legal consultation fee of Rs. 2,500 to his CA by
cheque. The tax he pays on this will include CGST of Rs. 225 (9% of
2,500) and SGST of Rs. 225 (9% of 2,500).
He also paid Rs. 5,000 to purchase the boxes and other materials used for
storing the pens. The same tax rates apply here, so he pays CGST of Rs.
450 (9% of 5,000) and SGST of Rs. 450 (9% of 5,000).
Raj’s total tax liability
Let’s now observe how Raj’s total tax payable is calculated.
Interstate transaction
Let’s say Raj purchased pens worth Rs. 15,000 from a GST-registered
dealer from outside his state. The tax rate on his purchase is 18%. Thus,
he pays an IGST of Rs. 2,700 (18% of 15,000), which he can later avail as
input credit.
He now sells some of his pens locally for Rs. 8,000. His output tax liability
will be 18% of Rs. 8,000, for a total of Rs.1,440 that is split up equally
between output CGST and output SGST.
He sells his remaining pens outside his state for Rs.10,000. The output tax
liability for these will be an IGST of 18% of Rs. 10,000, which equals Rs.
1,800.
Let’s assume he paid a legal consultation fee of Rs. 2,000 locally to his CA
by cheque. The tax he pays on this will include CGST of Rs. 180 (9% of
2,000) and SGST of Rs. 180 (9% of 2,000).
Every registered taxpayer should pay their taxes by 20th of a month. Let’s
take an example where a business is filing GST returns for May during the
month of June. In that case, it should file all the returns and make tax
payments by 20th of June.
If the taxpayer did not pay the tax due by 20th, an interest on the tax due
will be applied. Also, they cannot file the tax returns for the next reporting
period.
Managing ITC and GST payable
The GST portal has provided the following ledgers to facilitate and manage
GST payments.
Cash Ledger
All payments made by the taxpayer will be recorded under the cash ledger.
This includes tax payments, penalty, interest amount, etc.
ITC Ledger
This ledger holds a record of Input tax credit given to a taxpayer. The ITC is
credited after the validation of submitted transactions in the GSTR-2. The
ITC credited can only be adjusted with the GST payable and not with late
fee or penalty.
Payment Options
GST portal has multiple options through which you can make tax
payments:
Generating Challan
One way of paying taxes is by generating an electronic challan from the
GST portal. In order to do that, the taxpayer should deposit the amount in
the cash ledger of the GST portal. After adding money, they will have to
generate the challan by filling the form GST PMT-06. The challan
generated will be valid for a period of 15 days.
A Challan identification Number or CIN will be issued upon making the tax
payment. This will act as a reference number for the payment.
Offsetting ITC with GST Payable
If you’ve received input tax credit, you can offset it with the GST payable
and pay the balance amount to the tax department.
Refunds filed under any of the above cases will be calculated by the GST
portal for each type of tax: SGST, CGST, and IGST. If you’ve paid an
excess amount for GST, or wish to claim refund, you will have to fill out an
electronic form from the GST portal. The portal would verify the claim and
refund the excess amount. The processing time for the refund application
could range from two weeks to as long as sixty days.
Penalty
Tax defaulters will be subjected to warning, followed by a penalty. Penalties
under GST can be classified under two categories:
1. If a taxpayer has not paid GST or makes short payments, they will be
charged a penalty of 10% of the tax amount or a minimum of Rs. 10,000.
Penalties in GST
The introduction of the GST regime has brought India simplified tax filing,
greater transparency, and less potential for tax evasion. Since the tax
return filing process has been moved online, business owners now have to
upload invoices and other documents as proof of transactions. To ensure
that business owners are complying with the rules and regulations, the
Government has created a list of non-compliant activities that are likely to
invoke penalties. Let’s look at the various offenses and their
consequences:
Consequence:
The offender will be fined Rs. 10,000 or the equivalent tax amount evaded.
Furnishing false information will lead to a fine of Rs. 10,000 for the first
offense, and continued offense will lead to fines of Rs. 100 per day, up to a
maximum of Rs. 25,000. Any person who helps the offender will be fined
Rs. 25,000.
Consequence:
The offender will be fined Rs.100 per day per Act (Rs.100 for CGST and
Rs.100 for SGST), up to a maximum of Rs. 5,000. If the taxpayer fails to
furnish GSTR9, they will be fined Rs. 100 per day, up to a quarter of their
turnover within the state in question.
Consequence:
The offender will be fined of Rs. 10,000 or the equivalent tax amount
evaded.
Consequence:
Consequence: The offender will pay a fine of Rs. 10,000 or the equivalent
tax amount evaded.
Consequence:
Consequence:
If a taxpayer is involved in this offense, they will be fined an amount of Rs.
10,000 or 10% of the short tax paid (whichever amount is higher).
Common penalty:
Any offense under GST for which a penalty is not specified will be fined an
amount up to Rs. 25,000. In case, the taxpayer is convicted for fraudulent
activities, then apart from the above penalties, the following will apply:
When the tax amount involved is up to 50 lakhs, the person will have to
serve a jail term of 1 year and will be fined an amount equivalent to the tax
evaded.
When the tax amount ranges between 50 lakhs to 100 lakhs, then the
person will have to serve a jail term of three years and pay the penalty.
When the tax amount exceeds 100 lakhs, then jail term will be extended 5
years, along with the penalty.
Procedures in GST
While we’ve been bombarded with GST-related information in the last few
months, there hasn’t been much discussion regarding the audit and
assessment processes. These procedures are carried out when there’s a
mismatch between the tax owed by a taxpayer and the actual tax amount
they have paid. A lot goes into these procedures to maintain the
transparency of the tax system.
Audits
What is an audit?
An audit is a verification process used to validate a taxpayer’s financial
records and legal documents. Usually, audits are carried out to check the
accuracy of GST turnover declarations, tax payments, and refunds claimed.
They’re also used to check the returns filed by the taxpayer. Audits help
validate compliance ratings of businesses by assessing the degree of
compliance of their activities.
Requirements
Once the audit notice is sent, the taxpayer has to file GSTR-9B and upload
a few documents, including a reconciliation statement, an audited copy of
the annual accounts, and any other legal document requested in the audit
notice.
Auditing process
When the conditions for an audit are met, the Commissioner of
CGST/SGST will authorize a tax official to conduct the audit. The tax official
will send the taxpayer a notice 15 days before the start of the audit. The
audit itself takes place at the taxpayer’s place of business and will be
completed within three months of the date of the notice.
Special audit
Note: If the amount demanded is not paid, the Income Tax department will
begin its recovery procedure.
Assessment
1. Self assessment
Under GST, every registered taxpayer will assess the tax amount they
must pay and file their periodic returns on time.
2. Summary assessment
Summary assessment is carried out by a tax official, if they have a valid
reason to believe that the delay in assessment would adversely affect the
overall revenue, and they also possess evidence of the concerned
taxpayer’s tax liability.
Advance ruling
Process
The taxpayer should furnish an application form, along with the necessary
financial records, to the tax official. The tax official may accept or reject the
application, and their decision will be communicated to the registered
taxpayer within 90 days from the date of receipt of the application.