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TMI BlogInstruction for Scrutiny of ReturnsX X X X Extracts X X X X X X X X Extracts X X X X ..... nce of show-cause notice under section 73 or 74 of the Assam GST Act, 2017 or for referring the matter for Audit or investigation, as the case may be. 2, In view of this, the following instructions/guidelines are hereby issued for compliance by all Tax Officer in the matter of scrutiny of returns. 3. Selection of returns for scrutiny and communication of the same to the field formations : 3.1 Selection of cases by Head Office (HO) : Lists of cases to be scrutinized have been generated by the Head Office based on certain scrutiny risk parameters. These parameters are both risk-based and theme-based. It is a possibility that the data which has been generated by HO may be dated, therefore before initiating proceedings the data may be checked from the BO Web System also. These lists have been sent to the respective field formations for initiating scrutiny. 3.2 Further, the Head Office has been sending regular data, red flag reports, mis-match reports, BIFA analysis, fake/bogus taxpayers to the field formations which are also in the nature of scrutiny and the field formations have been issuing ASMT forms in these cases also. It is instructed that these cases should also be brought to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10. The notice in Form GST ASMT-10, issued by the proper officer through scrutiny functionality on GST BO Portal, shall be communicated by the system to the concerned registered person on the common portal. While issuing such notice, the proper officer may, as far as possible, quantify the amount of tax, interest and any other amount payable in relation to such discrepancies. It may also be ensured that the discrepancies so communicated should, as far as possible, be specific in nature and not vague or general. The proper officer shall mention the parameter-wise details of the discrepancies noticed by him in Form GST ASMT-10. 4.4 For each GSTIN identified for scrutiny, the proper officer is required to scrutinize all the returns pertaining to the corresponding Financial Year under consideration and a single compiled notice in Form GST ASMT-10 may be issued to the registered person for that financial year. 4.5 On receipt of such notice in Form GST ASMT-10 on common portal, the registered person may accept the discrepancy mentioned in the said notice, and pay the tax, interest and any other amount arising from such discrepancy through Form DRC-03 and inform the same or may furnish an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (thirty) days from receipt of reply from the registered person in Form GST ASMT-11 (v) Initiation of appropriate action for determination of the tax and other dues under section 73 or section 74, in cases where no reply is furnished by the registered person Within a period of 15 (fifteen) days after completion of the period of thirty days of issuance of notice in Form GST ASMT-10 or such further period as permitted by the proper officer (vi) Initiation of appropriate action for determination of the tax and other dues under section 73 or section 74, in cases where reply is furnished by the registered person, but the same is not found acceptable by the proper officer Within 30 (thirty) days from receipt of reply from the registered person in Form GST ASMT-11 (vii) Reference, if any, to the GST Apex Audit Cell or EIU Cell of the Commissionerate for action, under section 65 or section 66 or section 67, as the case may be. Within 30 (thirty) days from receipt of reply from the registered person in Form GST ASMT-11 or within a period of forty-five days of issuance of Form GST ASMT-10, in case no explanation is furnished by the registered person. 5.2 It may also be ensured that the requi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Form GSTR 3B. If the turnover reported in Form GSTR 3B during the period is less than the turnover available under TDS or TCS as the case may be, the GSTINs may be considered for scrutiny. 5. Capital goods ITC v. Exempted turnover The ITC on Capital goods can be credited to the Electronic Credit Ledger in full in the month of inward supply made and the proportionate ITC, of the said capital goods, not related to the taxable supply/non business purpose has to be reversed under rule 43 of the Assam GST Rules, 2017. Such taxable persons are required to reverse the proportionate ITC of 1/60 of the tax involved on the said capital goods in the ratio of taxable/exempt and business/non-business supply for the succeeding 60 months. 6. Annual taxable Turnover greater than Rs. 1 crores and tax paid in cash is negligible. Many a times the taxpayers settle the tax liability through ITC availed and very little (if any) tax payment (other than RCM) is made is cash. The percentage of tax payable is cash is generally dependent on supplies made, clientele, value addition done etc. hence, it is necessary to consider such cases for scrutiny to ensure that the tax liability declared is matching with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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