GST
returns are being filed in huge numbers including GSTR 1, GSTR 3B. But what
happens once you have filed them. Are you supposed to get them scrutinized, or
they remain self-assessed, what to do? Let’s first put it categorically that
GSTR 1 is not a return but merely a statement of outward supplies. The return
was supposed to be GSTR 3 which has been deferred till 31st March
2018. Now in place of GSTR 3, GSTR 3B shall be considered as a return. Now what
happens after you have filed all such returns? Have you forgot to take input
tax credit against any invoice, or you have not shown any outward taxable
supply or you have not claimed any refund? Relax, where you have not claimed
any input tax credit till 31.03.2018 for FY 2017-18, you can claim the same
before filing of GSTR 3B for the Month of September 2018 or filing of your
annual return whichever is earlier. Now what is this annual return? Every taxpayer
is required to file an annual return in form of GSTR 9 which is to be filed by
31st December 2018. For a taxpayer whose annual turnover exceeds Rs.
2 crores in FY 2017-18 is required to get his accounts audited from a Chartered
Accountant/Cost Accountant and submit the same in form GSTR 9C. A
reconciliation statement between audited accounts and monthly returns shall
also be filed along with annual return.
What
if I have forgot to show my sales in monthly return? Don’t worry you can show
those sales in any return filed after six months from the end of the financial
year. But remember you have to pay interest along with the tax for late
deposit. Even for the refund claims, there is no such six months window, this
mean that you can claim refund any time but subject to the period of 2 years
from the date, a taxpayer becomes eligible to claim such refund.
This
is merely procedural, real issue comes now. As per section 61 of CGST Act read
with Rule 99 of CGST Rules 2017, the proper officer may scrutinize the returns
filed by you and other relevant documents to assess the correctness of the
claim made by you. He shall then call for explanations and upon satisfactory explanation,
no further proceedings shall take place. Don’t worry the whole process remain
online at the common portal. You do not have to go personally and satisfy the
proper officer. Also it is important to note that he can scrutinize your return
only on the basis of some information available with him. Where he raises the
discrepancy in form of FORM ASMT-10, a taxpayer shall be liable to reply within
30 days or the time mentioned in such notice. The only option you have is to
deposit the tax along with interest and other dues while submitting a reply
with the proper officer. Based upon your reply and subject to the satisfaction
of the proper officer the proceedings may be dropped after issuing GST FORM
ASMT-12.
tax compliance on business
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