ICAI release Guide to CA Certificates in GST which contains Format of Certificate under Section 18(1)(a), Section 18(1)(b), Section 18(1)(c), Section 18(1)(d), Section 18(3), Section 54 and Section 29(5) of the CGST Act, Certificate under Section 18(4) of the CGST Act- Composite Tax Payer, Certificate under Section 18(4) of the CGST Act-Taxable supplies by registered person become wholly exempt, Certificate under Notification dated 5-10-2017- Eligible unit has not received any inputs from another business premises and Certificate under Notification dated 5-10-2017- Eligible unit received any inputs from another business premises.
GST, a paradigm shift from origin based tax to destination based tax, has been introduced in India with one of the objectives to provide an uninterrupted and seamless flow of input tax credit, and a mechanism to avoid cascading of taxes. Thus, to ensure this smooth flow of credit and also authencity of credit claimed by the tax payers, in some cases they are required to make declarations in Form GST ITC-01, Form GST ITC-02 etc. Government has given the responsibility of certifying aforesaid declarations to Chartered Accountants.
Smooth GST implementation is an epitome for economic growth in India. This calls for in-depth understanding and comprehension of GST law both theoretically and practically. One of the practical aspects which needs to be delivered by our fraternity is the requirement of Chartered Accountant Certificate under various provisions in GST law like availability of ITC in certain special circumstances, refund claim exceeding Rs. 2 crore, disbursal of budgetary support under GST regime to the units located in States of J&K, Uttarakhand, Himachal Pradesh and North East etc.
In order to facilitate members and other stakeholders in understanding the requisite contents of certificates, supporting documents so as to assiduously discharge duties and responsibilities casted on them, GST & Indirect Taxes Committee of ICAI has come out with this Guide to GST Certificates. In the Guide, an attempt has been made to cover each and every area in GST Law requiring furnishing of CA Certificate. Further, check points have been included for each Certificate which may be referred by the members before certifying the credential provided by the tax payers.
It contain various Certificates required under GST regime to be issued by Chartered Accountants alongwith corresponding check list. Format of Certificates are purely recommendatory in nature, to facilitate members and stakeholders to discharge their duties and responsibilities proficiently. The Certificates discussed have not only give illustrative guidance but also explicitly states the responsibility casted on Management and Practitioner in terms of provisions requiring such certificates. Although an attempt has been made in this guide to cover all the areas under GST requiring certification from Chartered Accountant but in case any certificate not covered, then members are requested to apply his mind judiciously, keeping in view the intent behind the law, principles and policies.