GST
Reverse charge mismatch in scrutiny
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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.
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
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.
Conclusion
- List reverse charge payments month-wise.
- List reverse charge ITC claimed.
- Explain differences with challans.
- Pay any unpaid RCM with interest.
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Scrutiny of returns, ASMT-10 notice and ASMT-11 reply
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