The CBIC issued the GST Instruction No. 02/2022-GST dated 22.03.2022. The said instruction is issued to provide the Standard Operating Procedure (SOP) for scrutiny of returns for FY 2017-18 and 2018-19. Given below the key highlights of the instruction for the ready reference:
Section 61 of the CGST Act
2017 read with Rule 99 of the CGST Rules 2017 provides for scrutiny of returns
and related particulars furnished by the registered person, which inter alia
involves the following:
a)
Selection of
returns for scrutiny, preferably based on robust risk parameters
b)
Scrutiny of the returns and related particulars to verify
the correctness of the returns
c)
Informing the registered person of the discrepancies
noticed, if any, along with quantification of the amount of tax, interest and
any other amount payable in relation to such discrepancy and seeking his
explanation thereto.
d)
Where discrepancy accepted & rectified by the registered
person or where satisfactory/accepted explanation furnished by the registered
person, concluding the proceedings after informing the registered person.
e)
Where no satisfactory explanation furnished by the
registered person or where the registered person, after accepting the
discrepancy, fails to pay the tax, interest and any other amount arising from
such discrepancy, initiating appropriate action including those under section
65 or section 66 or section 67, or determination of tax and other dues under
section 73 or section 74 of the CGST Act.
As per the said instruction,
till the time a Scrutiny Module for online scrutiny of returns is made
available on the CBIC-GST application, as an interim measure, this
Standard Operating Procedure (SOP) is being issued in order to ensure
uniformity in selection/ identification of returns for scrutiny, methodology of
scrutiny of such returns and other related procedures.
The SOP issued in this
regard can be summarized as follows:
a)
Selection of
returns for scrutiny
·
Selection of
returns for scrutiny is to be based on specific risk parameters.
·
The Directorate
General of Analytics and Risk Management (DGARM) to select and communicate to
field formations for further action, the GSTINs registered with Central Tax
authorities whose returns are to be scrutinized.
·
Scrutiny of
returns may be conducted by Superintendent of Central Tax in-charge of the
jurisdictional range of the registered person.
·
The proper
officer, with the approval of the divisional Assistant/Deputy Commissioner, to
finalize a month-wise schedule for scrutiny in respect of all the GSTINs
selected for scrutiny, prioritizing the scrutiny of GSTINs which appear to be
riskier based on the likely revenue implication indicated by DGARM. The proper officer
to conduct scrutiny of returns pertaining to minimum 3 GSTINs per month.
·
Such scrutiny
schedules in respect of all the ranges within the CGST Zone to be reported to
the Directorate General of Goods and Services Tax (DGGST) in format given as
Annexure-A to the instruction.
b)
Process of
scrutiny of returns
Scrutiny of returns is to be done basis
the information available with the proper officer or with the department, with
minimal interface between the proper officer and the registered person and
normally without any need for seeking documents/records from the taxpayers. An
indicative list of parameters for scrutiny of returns, given as Annexure-B to
the instruction, includes the following-
·
Tax liability on
account of outward taxable supplies declared in table 3.1(a) and table 3.1(b)
of GSTR-3B return may be verified with corresponding tax liability in respect
of outward taxable supplies declared in table 4 (other than table 4B), table 5,
table 6, table 7A(1), table 7B(1), table 11A and table 11B (along with the net
effect of amendments thereof in Table 9, 10 and 11(II)) of GSTR-1 return.
·
Tax liability on
account of inward supplies (liable to reverse charge) declared in Table 3.1(d)
of GSTR-3B return may be verified with:
i.
ITC availed in Table 4(A)(2) and Table 4(A)(3) of GSTR-3B
return
ii.
ITC in respect of inward supplies attracting reverse charge
as available in Table 3 and Table 5 (along with the net effect of amendments
thereof in Table 4 and Table 6 respectively) of GSTR-2A
iii.
Tax/Cess paid in cash as per column 8 of Table 6.1 of
GSTR-3B return
·
ITC availed in
respect of inward supplies from ISD in Table 4(A)(4) of GSTR-3B return may be
verified with Table 7 (along with the net effect of amendments thereof in Table
8) of GSTR-2A.
·
ITC availed in
respect of All other ITC in Table 4(A)(5) of GSTR-3B return may be verified
with Table 3 and Table 5 (along with the net effect of amendments thereof in
Table 4 and Table 6 respectively) of GSTR-2A.
·
Taxable value
declared on account of outward taxable supplies (other than zero rated, nil
rated and exempted) in Table 3.1(a) of GSTR-3B return may be verified to ensure
if the same is not less than the net amount liable for TCS and TDS credit as
per Column 6 of Table 9 of GSTR-2A.
·
Liability on
account of outward supplies in Table 3.1(a) and 3.1(b) of GSTR-3B return may be
verified with the tax liability as declared in e-way bills.
·
It may be
verified that ITC has not been claimed in respect of supplies from taxpayers
whose registrations have been cancelled retrospectively.
·
It may be
verified that ineligible ITC has not been availed in respect of invoices /
debit notes issued by the suppliers who have not filed their GSTR-3B returns
for the relevant tax period.
·
It may be
verified whether GSTR-3B of a tax period is filed after the last date of
availment of ITC in respect of any invoice / debit note as per section 16(4) of
the CGST Act 2017. In such cases, no ITC shall be availed in the return.
·
ITC availed in
respect of Import of goods in Table 4(A)(1) of GSTR-3B return may be verified
with corresponding details in Table 10 and Table 11 of GSTR-2A.
·
Whether reversal
of ITC in accordance with provisions of Rule 42 and Rule 43 of the CGST Rules
2017 has been made may be verified.
·
Whether interest
liability in terms of section 50 of the CGST Act 2017 has been paid may be
verified.
·
Whether late fee
liability for delayed filing of returns/statements in terms of section 47 of
the CGST Act 2017 has been paid may be verified.
c)
For each
GSTIN identified for scrutiny for a financial year, all the returns pertaining
to the corresponding financial year to be scrutinized and a single compiled
notice to be issued in Form GST ASMT-10 to the taxpayer for that
financial year, informing the discrepancies noticed in course of scrutiny of
returns along with quantification of amount of tax, interest and any other
amount payable in relation to such discrepancies and seeking their explanation
thereto. The discrepancies so communicated may, as far as possible, be specific
in nature and not vague or general.
d)
The taxpayer
may accept the discrepancies mentioned in ASMT-10 and pay the tax, interest and
any other amount arising from such discrepancies through Form GST DRC-03, or
furnish their explanations thereto. Intimation of such payment made, if accepted
and paid, or explanation for the discrepancies noticed may be furnished in Form
GST ASMT-11 to the proper officer within time period prescribed under rule
99.
Where the explanation furnished
by the taxpayer or the information submitted in respect of acceptance of
discrepancies and payment of dues is found to be acceptable by the proper
officer, the proceedings may be concluded by informing the taxpayer in Form
GST ASMT-12.
e)
Where no
satisfactory explanation is furnished by the taxpayer within prescribed time
period or where the taxpayer, after accepting the discrepancies, fails to pay
the tax, interest and any other amount arising from such discrepancies, the
proper officer may initiate appropriate action under section 65 or section 66
or section 67, or proceed to determine tax and other dues under section 73 or
section 74 of the CGST Act 2017.
Scrutiny of returns is said
to be conducted in a time bound manner so that necessary action to safeguard
revenue may be taken up expeditiously. Accordingly, specific timelines have
been prescribed in the said instruction for various events involved in the
process which needs to be adhered to.
A Scrutiny Register, in
format as given in Annexure-C to the instruction, is required to be maintained
by the proper officer in respect of all GSTINs allotted for scrutiny.
Further, a Scrutiny Progress
Report, in format as given in Annexure-D to the instruction, is required to be
prepared by the proper officer at the end of every month, which shall be
monitored, compiled and forwarded to the DGGST by the jurisdictional Principal
Commissioner / Commissioner by 10th of the succeeding month.
The DGGST, in turn, would
present the progress report to the Board, through the GST Policy Wing, by the
20th day of the corresponding month.
No comments:
Post a Comment