After the implementation of GST Act in July 2017, there are number of changes are made by the government to stabilise the GST Act but still it is in hit and try phase. As seen in past few months, number of GST fake Input Credit rackets were detected by GST Department. After that, GST Department has started to make GST law stricter so that only genuine dealers will stay in market and all defaulters were detected and let them away from GST Stream.
In this drive, GST Department has cancelled a large number of GST registration Suo-Motto who has not filed GST Return for continues 6 Months. In this editorial, we will discuss, some latest changes in GST law which if not complied may invite penal action which may even led to cancellation of GST Registration.
In recent change made by GST department, now GST Input credit has been linked with GST credit shown in GSTR-2B of the registered dealer. If purchase invoice of a particular month is not filed by the seller on or before 11th /13th day of succeeding month than purchaser is not allowed to take GST credit of this purchase Invoice in that month. If any dealer, wants to claim excess credit in comparison to GST Credit available in GSTR-2B then GST Portal shows an error, even after that dealer claim the credit then GST Department may issue notice to the dealer for wrong utilization of GST Credit.
In this case, it is suggested that, if you do not want to block your working capital for 3 Months then you must purchase from a dealer who is filing GST return on Monthly basis and before the prescribed due date.
(a) a registered person shall not be allowed to furnish the details of outward supplies of goods or services or both under section 37 in FORM GSTR-1, if he has not furnished the return in FORM GSTR-3B for preceding two months;
(b) a registered person, required to furnish return for every quarter under the proviso to sub-section (1) of section 39, shall not be allowed to furnish the details of outward supplies of goods or services or both under section 37 in FORM GSTR-1 or using the invoice furnishing facility, if he has not furnished the return in FORM GSTR-3B for preceding tax period;
(c) a registered person, who is restricted from using the amount available in electronic credit ledger to discharge his liability towards tax in excess of ninety-nine per cent. of such tax liability under rule 86B, shall not be allowed to furnish the details of outward supplies of goods or services or both under section 37 in FORM GSTR-1 or using the invoice furnishing facility, if he has not furnished the return in FORM GSTR-3B for preceding tax period.”.
Now filing of GSTR-3B and GSTR-1 is made mandatory by GST Department within given time frame. If due to any reason, dealer is not able to file GST return then GST Department has the power to do best judgement assessment on the basis of information avail with them.
As per notification No -94/2020- Central Tax Dated 22th December 2020, if on comparison of information provided by GST Registered dealer there is significant differences or anomalies indicating contravention of the provisions of the Act or the rules made thereunder, it may lead to cancellation of registration of the said person, his registration shall be suspended and show cause notice will be issued for cancellation of GST Registration.
To avoid such kind of situation GST Returns must be filed with adequate care.
This is the main concern area of all dealers. As explained earlier there are some fake firms running in the market which are dealing in bogus billing, to catch such firms this is the master stroke played by GST Department. From 01.04.2021 they have made mandatory for all dealers to mention HSN Code of there product in all sale and purchase invoice. We must assure that, we are writing correct HSN code of our product in our invoice. Wrong mentioning of HSN Code may invite penal action from department.
As required by GST Law, every GST Registered person is required to affix board outside its business premises showing its GST Number, Firm name and address. Now, GST Department has started physically verification of business premises. If such condition is not followed then it may invite penalty which may extend to cancellation of GST Registration.
Some dealers are still not aware about this compliance. If GST Turnover of any registered dealer is more than 2 Crore then he is liable to file GSTR-9 (Annual Return) and if his turnover is more than 5 Crore then along with GSTR-9, he is required to file GSTR-9C (GST Audit). This compliance must be done within given time frame otherwise it may cost very high to the dealer.
This article is for the purpose of information and shall not be treated as solicitation in any manner and for any other purpose whatsoever. It shall not be used as legal opinion and not to be used for rendering any professional advice. This article is written on the basis of author’s person experience and provision applicable as on date of writing of this article. Adequate attention has been given to avoid any clerical/arithmetical error, however; if it still persist kindly intimate us to avoid such error for the benefits of others readers.
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