The Union Finance Minister while presenting the Union Budget 2022 on 1st of February 2022, made few important changes in the GST Laws
After reading such news items what I understood was that from 1st January 2022, the GST officers can initiate recovery proceedings without any show-cause notice against taxpayers who under-report sales in GSTR-3B compared to GSTR-1.
Through this write-up, we intend to cover the intricacies of claim of ITC from practical and accounting perspective working a ready reference for your business....
First of all, we need to understand the place of business, place of supply and Principal place of business.
Taxpayers would only be able to claim ITC on invoices that have been uploaded by the supplier in GSTR 1 / IFF and reported to the registered person in Form GSTR 2B.
When the transactions were done on December 21 then at that point of time old rule 36(4) was in force. Therefore, in our view, it would be in order if the ITC of December is availed by referring to GSTR 2A.
As a facilitation measure for taxpayers and for assisting the taxpayers in doing a correct self-assessment, a new functionality of interest calculator is being released in GSTR-3B.
We know that the value of a taxable supply is the taxable base on which the rate is applied. It is important to understand and calculate the value of supply for ascertaining GST liability. GST will be applicable in the value of the goods and services supplied.
If the taxpayer is able to justify the differences between GSTR 1 and GSTR 3B, then there may not be any requirement to initiate proceedings for recovery under section 79.
Central Government introduced amendment to Section 75 (12) of the CGST Rules, 2017 by inserting an explanation thereby paving way for recovery of self-assessed tax without having to resort to proceedings u/s 73 or Sec 74 of the Act.
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