By extending the dates of GST and tax audit, the government has given clear indication that the government is not only sensitive about the real problems of taxpayers at this time but is also taking timely action. See, these dates had to be extended later because the covid-19 pandemic has not ended yet but there is a big difference between extending the date at the last minute and extending the date before reasonable time and this is a positive sign that if the government wants to give relief to the taxpayers and professionals at this time, then it also creates an expectation for logical solution other problems. Let us talk about some more problems and issues that need immediate relief and action to solve these problems since 40 Months have already gone after introduction of GST in our country and these problems are troubling the Dealers and Professionals.
Rule 36 (4) and section 16 (4) of GST are there with relation to claim of ITC but the dealers need some relief from these provisions these cases the government has either received or will received tax and interest from the seller. Therefore, depriving the buyer of input credit is not justified by applying these provisions. In fact, in this regard, it is a wrong policy to collect tax from the buyer tax though the buyer has already paid it to the seller. This is copied from the VAT. But if you believe that GST was brought in to improve VAT, then if GST is going on with the same flaw then what is the benefit of this change to business and industry? Many times, the question also comes from the business and industry, what kind of simplification it is.
The government should make an equitable provision in this regard and should always recover this tax from the seller along with interest. For this, the government should take a purchase list from the buyer along with the details of the vendors and in case of mismatch, recover it from the vendors or give them a chance to rectify their returns. This process of collection the mismatch tax from the buyer may be the easiest way to recover by stopping the input credit., but this method is neither practical nor practical. It is beyond control of buyer to check his seller and in my opinion, it is duty of Govt. to do complete this task.
The dealers are unable to avail the benefit of GST amnesty scheme, due to Corana, if the benefit of this scheme is given again, along with giving them freedom from Section 16(4) then it will be a very useful scheme. If the government seriously wants to bring these missing dealers into the mainstream, then this plan should be considered once again for the benefit of Trade and Industry and in turn Economy. The GST scheme with provisions of Section 16(4) is not very useful.
The date of GSTR-4 is also coming but due to the need for details of purchase in it, most of the dealers are not able to fill it, then it would be reasonable to accept their demand to extend the date and remove the details of the purchase because a composition dealers It is also difficult to keep records And secondly, when there is no reverse charge, then there is no justification for asking for purchases.
One more thing is that when other GST dealers are not able to fill their annual returns, then how can it be expected from composition dealers whose resources are limited that they will be able to fill their annual returns in present time. The due date for the GSTR-4 should be rescheduled properly.
Inadvertent mistakes made by dealers, which are not tax evasion, should be given an opportunity to rectify them right from the beginning and allow revision in GSTR-3B. This return of GST was not in the original scheme of GST and was brought for only two months but even after 40 months, this return remains the same but probably due to technical flaws of the system, there is no facility for change or modification in this return. It should be noted Given that there is no restriction on return amendment in the GST law.
This GST return GSTR-3B is only a return and not the whole GST but due to lack of provision for amendment of this return many problems of GST tax adjustment have arisen and if an opportunity to amend this return is given from July 2017 itself , most of the problems related to GST adjustment will be solved and in this way, notices to be given in lakhs will also be stopped.
The GST late fee should be kept lower than the actual tax paid in that period and the dealer who has paid the late fee for the time period for which the government later waived it, then such late fees should be return back to such dealers and it will certainly be a very reasonable decision.
The GST network Service provider and team can make any number of claims on its own with respect to the GST Network, but till now even after 40 months its status has not improved and this network continues to be a problem for the dealers and professionals.
It is always the news from GSTN team that everything is fine but in fact the GST network is the biggest obstacle due to its limited capacity and it is a big problem for dealers and professionals.
The Government should take care of this problem of GST Network on priority.
The way the annual return of GST is drafted is not very useful and in a way this return is also confusing to the dealer, hence there is a need to re-draft this return. There is a dire need to change this return too. If this return is to be made practical then the dealer should first be allowed to disclose the mistakes which are not corrected in GSTR-3B due to lake of correction facility.
Due to this i.e. the restriction on revision of GSTR-3B , the dealer’s output and its set off are not being correct and the same difficulty applies to the input taken wrong from one head to another. The government should make this annual return in such a way that it can be useful for the actual tax liability of the dealer and how he has paid it and that should be the aim of this return.
GST is a tax here to simplify the collection and deposit of tax but it is turning to be a tax which testing the technical expertise of professionals and Dealers with a restriction that Mistakes can’t be rectified.
The government should once again take a look at the basic objectives of GST that GST was to simplify the indirect tax system and simplify the procedures related to it, but now after 40 months, one should see how much success has been achieved in these objectives. The general opinion is that indirect tax system has become more difficult after the imposition of GST and the processes have also become quite complex. The government should know from itself what position GST is currently in and if there are deficiencies in this way, then immediately start the process of reform, otherwise the GST which was introduced to become the growth vehicle of the economy is now becoming a cause of trouble for Trade and Industry.
“GST will be successful if it is simple and easy” .
CA Sudhir Halakhandi | Sudhirhalakhandi@gmail.com