OVER INVOICING

CAN INCOME TAX RAISE OBJECTION ON OVER INVOICING OF GOODS?

RATES COMPARED IN GENERAL MARKET ARE 30-35% LOWER.

UNDER WHICH SECTION INCOME TAX CAN TAKE ACTION?

Replies (10)
Quick Summary
This discussion explores whether Income Tax can raise objections to over-invoiced goods, particularly when supplied to a single company at significantly higher rates than the general market. While GST law primarily addresses under-invoicing, Income Tax may scrutinise over-invoicing, especially if related parties are involved, referencing Section 40A(2)(b) of the Income Tax Act.

RATES COMPARED IN GENERAL MARKET ARE 30-35% LOWER...!!

It's mean Your invoicing is lower... Right...??

OUR INVOICING IS HIGHER

Depends on what kind of goods and you are selling this to whom. is it to all the public or specific related people?

GOODS ARE PACKAGING GOODS, AND IS SUPPLIED TO ONLY 1 COMPNAY AT 35% HIGHER RATES.

It's under the purview of gst act not income tax act.
Originally posted by : sabyasachi mukherjee
It's under the purview of gst act not income tax act.

Okay Officer...

Sir
If you are doing genuine work, then no problem. Income tax does not have any issue provided both are unrelated parties. Refer section 40A(2)(b) which is applicable to purchasing company

Rgds
CA. Raj Doshi
R C D & Co.
Chartered Accountants

Over invoicing to related party is prohibited under income tax laws. Refer section 40A(2)(b) of Income Tax Act.

As far as GST Law is concerned, over Invoicing will not be an issue whether for related person or not. Only under Invoicing is prohibted under GST law if purchaser is not eligible for full ITC.

Sec 40 (A) (2) does not strictly apply here.

sabyasachi mukherjee  ----  Someone please ban this guy ... i have been fed up reading the half baked replies

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