Turnover declared in 3B is lesser as compared to R1
department is asking to pay difference turnover through DRC 03 f y October 2017 Rs 1,88,000
and department also demanding Interest from October 17
IS THIS JUSTIFIED
pls reply
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ASMT 10 Demanding Tax Interest Liability
Replies (2)
As per Notification No. 39/2021 - Central Tax , Dated 21st Dec 2021,and also as per explanation of Section 75(12) of CGST Act.
Self Assessment Tax include tax liability declare in GSTR 1 (Section 37) and not in GSTR 3B (Section 39).
Therefore Department can demand for tax and interest also.
Yes As per Explanation under Section 75(12) , department can do so.
But as this explanation was Inserted by Finance Act 2021, clause 114 & get effective from 01/01/2022. so the same is applicable on the returns filed from 01/01/22 onwards. (It's not effective retrospective)
So in your case the same is not applicable.
Note :
Moreover as per the instruction No. 01/2022 GST dtd 0701/2022, if you can able to justify the difference or can explain the difference, the issued order can drop.
But as this explanation was Inserted by Finance Act 2021, clause 114 & get effective from 01/01/2022. so the same is applicable on the returns filed from 01/01/22 onwards. (It's not effective retrospective)
So in your case the same is not applicable.
Note :
Moreover as per the instruction No. 01/2022 GST dtd 0701/2022, if you can able to justify the difference or can explain the difference, the issued order can drop.
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