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Powers of the GST Officer during conduct of Audit u/s 65 of the CGST Act

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..... Powers of the GST Officer during conduct of Audit u/s 65 of the CGST Act
Query (Issue) Started By: - Kailash Bang Dated:- 19-7-2022 Last Reply Date:- 20-7-2022 Goods and Services Tax - GST
Got 3 Replies
GST
Can a tax officer during the course of audit ask the taxpayer for their GST Login credentials? If yes, where is it written/ prescribed? Further, are their any instructions/ circu .....

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..... lars on what information and documents can an officer during the course of audit demand from the taxpayer? Reply By KASTURI SETHI: The Reply: Answer to first query is NO. Reply By KASTURI SETHI: The Reply: For reply to second query, you need to peruse the definition of 'audit' under Section 2(13) of CGST Act 2(13) "audit" means the examination of records, returns and other docume .....

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..... nts maintained or furnished by the registered person under this Act or the rules made thereunder or under any other law for the time being in force to verify the correctness of turnover declared, taxes paid, refund claimed and input tax credit availed, and to assess his compliance with the provisions of this Act or the rules made thereunder; For more details you can see Audit Manual of the depart .....

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..... ment which is available on google. Reply By Amit Agrawal: The Reply: While I agree with Shri Kasturi Sethi Ji in toto, w.r.t. question No. 1, I wish to add the following from point of view of practicality: There are certain reports which can be downloaded from GST portal from tax-paper side only and not from Dept's side. But, these reports helps officer during his audit and makes his job a .....

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..... bit easier. I see no reason why an assesses should make dept. officer sweat for something which is directly available from portal. Hence, you can always ask officer which of those reports they want, download them at your end and share those reports with the officer. Non-sharing login credentials and non-sharing of desired reports available on GST portal are two different things. While former is .....

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..... your right, later may not be taken kindly. And suffice to say, law has given Dept. officers enough power/s - in so many different ways - to effectively deal with such assessee if he refuses to share even those reports (which will be seen by Dept. as creating needless obstacles - based on technicalities - for Dept's officer to carry out effective audit in a time-bound manner). These are ex fa .....

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..... cie views of mine and the same should not be construed as professional advice / suggestion.
Discussion Forum - Knowledge Sharing .....

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