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Standard Operating Procedure to be followed in case of non-filers of returns - GST - States - 09/2019-GST

Extract

..... of non-furnishing of the said returns. 2. The matter has been examined. In order to clarify the issue and to ensure uniformity in the implementation of the provisions of the law across field formations, the Board, in exercise of its powers conferred by section 168 (1) of the DGST Act, hereby issues the following clarifications and guidelines. 3. Section 46 of the DGST Act read with rule 68 of the Delhi Goods and Services Tax Rules, 2017 (hereinafter referred to as the “DGST Rules”) requires issuance of a notice in FORM GSTR-3A to a registered person who fails to furnish return under section 39 or section 44 or section 45 (hereinafter referred to as the “defaulter”) requiring him to furnish such return within fifteen .....

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Standard Operating Procedure to be followed in case of non-filers of returns - GST - States

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..... plementation of the provisions of law across the field formations: (i) Preferably, a system generated message would be sent to all the registered persons 3 days before the due date to nudge them about filing of the return for the tax period by the due date. (ii) Once the due date for furnishing the return under section 39 is over, a system generated mail / message would be sent to all the defaulters immediately after the due date to the effect that the said registered person has not furnished his return for the said tax period; the said mail/message is to be sent to the authorized signatory as well as the proprietor/partner/director/karta, etc. (iii) Five days after the due date of furnishing the return, a notice in FORM GSTR-3A (under sect .....

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Standard Operating Procedure to be followed in case of non-filers of returns - GST - States

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..... uance of order in FORM ASMT-13, then proper officer may initiate proceedings under section 78 and recovery under section 79 of the DGST Act; 5. Above general guidelines may be followed by the proper officer in case of non-furnishing of return. In deserving cases, based on the facts of the case, the Commissioner may resort to provisional attachment to protect revenue under section 83 of the DGST Act before issuance of FORM GST ASMT-13. 6. Further, the proper officer would initiate action under sub-section (2) of section 29 of the DGST Act for cancellation of registration in cases where the return has not been furnished for the period specified in section 29. 7. Difficulty, if any, in implementation of the above instructions may please be bro .....

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Standard Operating Procedure to be followed in case of non-filers of returns - GST - States

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