Inspection in GST

Inspection conducted on Jun 2024.

whether the gst officials can initiate inspection procedure based on previous year returns.

whether department can direct taxpayer to pay the difference of ITC in 3b and 2A of preceeding FY 17-18, 18-19 during inspection.

please guide.
Replies (2)
Quick Summary
This discussion clarifies whether GST officials can initiate an inspection based on previous financial year returns, specifically for FY 17-18 and 18-19. While officials can't directly demand payment of ITC differences during an inspection based solely on past returns, they do have the right to issue notices. Section 67 of the GST Act permits inspections if there's reason to believe a taxpayer has suppressed transactions or claimed excess ITC, even if related to past periods. However, any resulting demand must adhere to the limitation periods outlined in Sections 73 and 74.

No...

But, They have rights to issue notice.

Inspection based on past periods:
• Sec 67 allows the Joint Commissioner (or above) to authorise inspection if there's reason to believe a person has suppressed transactions, claimed excess ITC, etc. The belief can relate to past periods.
• Inspection itself has no time limit, but any demand arising must be within the Sec 73/74 limitation periods for those years.
• Ensure the inspection authorisation (INS-01) is shown. Cooperate, but get copies of documents seized (INS-02) and a panchnama.

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