Answer

GST

Reverse charge mismatch in scrutiny

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  1. Facts

    The officer compares reverse charge tax paid in GSTR-3B with the ITC claimed on it. Show the tax was paid in cash before the ITC, and explain any timing difference.

  2. Provisions and law

    • Sec 61, CGST Act 2017Officer may scrutinise returns, inform discrepancies and seek an explanation; if accepted, no further action; if not, action under Sec 65, 66, 67, 73 or 74
    • Instruction 02/2022-GST (22 March 2022)SOP for scrutiny: one ASMT-10 per GSTIN per year, specific and quantified discrepancies, DRC-03 payments to be considered, timelines for ASMT-12 or further action
  3. Analysis

    Instruction 02/2022-GST lists reverse charge liability against ITC, and cash payment of reverse charge. Reverse charge tax must be paid in cash, not from ITC. Example: RCM paid ₹54,000 but ITC claimed ₹60,000; ₹6,000 relates to RCM paid in the previous year. Show the challans and GSTR-3B months.

  4. Conclusion

    1. List reverse charge payments month-wise.
    2. List reverse charge ITC claimed.
    3. Explain differences with challans.
    4. Pay any unpaid RCM with interest.

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