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GST Authority: Guidelines to be Processed for Returns Investigation U/S 16(4)

KGST Dept Guidelines on Returns Scrutiny

The Kerala Goods and Service Tax Department provided the rules with respect to the steps which are to be followed towards the investigation of returns and further actions will be taken.

Under Section 16(4) of the KSGST Act, 2017, an enrolled individual will not be authorized to avail input tax credit in connection to any invoice or debit notes that is B2B (Regular that consists of the supply of service obtained via SEZ through furnishing form GSTR 3B post the last date of filing the mentioned return towards the September month of the next fiscal year or yearly Return for the relevant Financial year whichever is earlier.

Upon B2B regular invoices or debit notes engaging the supply obtained through SEZ further the mentioned last dates then this will not permit and notice shall be provided. The date to claim the ITC will be the filing date towards the specific Form GSTR-3B. The same can be validated via the back office beneath Registration>GSTIN Dashboard>Return details.

The input tax credit upon the capital goods can be credited towards the electronic Credit Ledger complete towards the month of inward supply furnished and the proportionate input tax credit for the prescribed capital goods which is not concerned with the taxable supply or non-business intention needs to be reversed beneath Rule 43 of KSGST Rules, 2017. All these taxable individuals are needed to reverse the proportionate ITC of 1/60 of the tax associated with the related capital goods in the ratio of taxable/privileged and business /non-business supply for the succeeding 60 months.

The notice provided to the mentioned case if there is any difference seen in Form GSTASMT-10 or circulation in Part A of Form GST DRC-01A was provided and due for other proceedings. towards the verification and correct computation beneath this framework, the proper officer can ask for the concerned documents via assessee by providing the letter. The proper officer can issue a summons under GST section 70 of the KSGST Act, 2017 to ask for the concerned credentials if the dealer lost to answer.

GST E-way Bill was Proposed w.e.f 01.04.2018

The output tax payable under Form GSTR-3B will be distinguished within the e-way bill information available in the back-office system. For this verification use the back-office option E-waybills> Outward> Active> Item Level report then rectify the report into the credential segment as Invoice and exclude 0% items. When the output tax under the mentioned GST e-way bill report is more than the output tax last declared in Form GSTR-3B then the notice will be furnished upon the mentioned situation.

The proper officer was enabled to ask for the mentioned documents like invoice work completion certificate and more by the assessee through providing the letter to validate the duration of supply and remittance of tax through Form GSTR 3B. The proper officer has the power to furnish the summons u/s. 70 of the KSGST Act, 2017 to ask for the concerned documents, if the dealer declined to answer.

Disclaimer:- "All the information given is from credible and authentic resources and has been published after moderation. Any change in detail or information other than fact must be considered a human error. The blog we write is to provide updated information. You can raise any query on matters related to blog content. Also, note that we don’t provide any type of consultancy so we are sorry for being unable to reply to consultancy queries. Also, we do mention that our replies are solely on a practical basis and we advise you to cross verify with professional authorities for a fact check."

Published by Arpit Kulshrestha
Arpit Kulshrestha seeks higher interests in financial services, taxation, GST, I-T, etc. Writes articles with depth knowledge and is extensive for the same. The resources provide effective articles for the products of SAG infotech which provides taxation and IT software. Writing from observations and researching makes his articles virtuous. View more posts
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