Not maintenace of books ans other recoreds....

as per section 35(6) of cgst act 2017, if any registered person did not maintain any books and records as per 35(1), then

the proper officer will determine tax liability as if they were supplied and follow section 73 or 74.....

and my question is, if we did not maintain any books or records related to exempted supply........how will the proper officer will determine tax liability?


i know if we did not maintain books then as per section 121 penalty will be applicable......
Replies (3)
Quick Summary
This discussion clarifies the implications of failing to maintain proper books and records under Section 35(6) of the CGST Act 2017. Even if you deal exclusively in exempted supplies, registration under GST means all provisions apply, including record-keeping requirements. Failure to comply can lead to the proper officer determining your tax liability and imposing penalties under Sections 122 or 125, based on the circumstances.

Every registered person shall keep and maintain at his principal place of business.
Proper officer can trace such transaction from your bank a/c,
through GSTR2a as you make purchase from supplier and supplier will show in GSTR 1
through Your ITR, as if you show turnover above 20lacs they can give show case notice....
and so on.
1. If you are exclusively dealing in Exempted goods , then you are not required obtain Registration.
2. Once you are registered in GST then all the provision of Act Applicable on you. So even though you are dealing in supply of Exempted goods the provision of Section 35 applicable to you.

The Penalty can be imposed u/s 122, 125 .
The imposition of penalty is depend upon on the facts & circumstances of each case & it is commensurate with the degree & severity of breach.
it's also depend upon the finding of Tax Officer .

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