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GSTN enables facility of Communication between supplier and recipient on GST portal

GSTN enables facility of Communication between supplier and recipient on GST portal

The Goods and Service Tax Network (GSTN) has enabled the new facility of “Communication between Taxpayers” on the GST portal

After the introduction of this facility the supplier and recipient can directly communicate with each other on GST Portal itself. They can also give a reply to communication received on the portal.

The GSTN has given this facility taking care of the requirement that the communication forms a significant part of GST as Input Tax Credit (ITC) in GST which is an important element is invoice based. In case there is some error in the invoice, that has to be immediately rectified so as to enable the buyer to take ITC.

The new facility will make communication easy; bring transparency in the system; help in the matching of invoices and avoid complications of Goods and Service Tax Framework.

This facility helps the taxpayer to raise questions related to Tax Invoices, Debit Note, Credit Note, Missing Document, Amendment of Filed Document, or any other issue. A taxpayer can raise questions both as a buyer or supplier of goods or services.

Source: TaxScan.


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Large companies fear losing out on GST credit if vendors, suppliers go bankrupt due to Covid crisis

Large companies fear losing out on GST credit if vendors, suppliers go bankrupt due to Covid crisis

With many small and medium enterprises staring at bankruptcy or severe business disruption due to the Covid-19 crisis, large companies that buy raw material and products from them now have to deal with a new problem: denial of credits if the vendor defaults on paying goods and services tax.

According to the GST framework, large companies cannot claim credits unless their suppliers and vendors have paid the tax. Section 16 of the GST law says that if a vendor does not pay GST to the government, input tax credit will be denied to the buyer.

Companies with a large supplier base across sectors are now reaching out to their vendors to check if there is a possibility of a default from their side.

“The additional liability cast on businesses for ensuring payment of tax by the supplier has been a rising concern since inception because of the practical difficulties in verifying the same and the financial burden even though the tax is paid to vendors,” said Abhishek Jain, a tax partner at EY. “This obligation has drawn attention in these difficult times owing to apprehensions of defaults by vendors with the currently spread financial flu.”

The nationwide lockdown has broken the back of the SME sector. The coronavirus triggered restrictions that shut businesses abruptly and left smaller companies facing a crushing cash crunch. Major raw material and labour shortages along with a demand pullback from the industry created an existential crisis for many.

Industry experts said many large companies have been putting in place some steps to manage the situation.

“Large businesses are considering indemnity arrangements to safeguard themselves from vendor defaults arising from the extended timelines for GST payments and returns provided to smaller businesses. There is also a need to re-evaluate the vendor selection policies based on previous compliance track records,” said MS Mani, a partner at Deloitte India.

According to people aware of the matter, some companies have asked their vendors and suppliers to give them an indemnity letter.

“The letter is essentially a legal document that asks vendors to pay GST on time and be held responsible if there is a GST default or if any interest or penalty is charged to the company due to a vendor’s delay,” said one person.

Input tax credit can be claimed only after a vendor has paid the tax and uploaded the correct invoice on the GST portal. The invoices are matched with the credit eligibility of the company. Full credit is allowed if there is 90% accuracy or if there is a problem with 10% of the invoices.

A few of the larger companies, especially in the automobile and other manufacturing sectors, are not taking chances, experts said.

“Some of the large companies are holding back on payments to vendors and suppliers for two months as a pressure tactic. This is to make sure that they pay up the GST on time and the company is able to avail of tax credits,” said a tax expert who advises large companies.

Source: Economic-Times


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National Anti-profiteering Authority gets teeth to probe beyond the scope of DG’s complaint

National Anti-profiteering Authority gets teeth to probe beyond the scope of DG’s complaint

India has handed out more powers to the anti-profiteering watchdog, allowing it to widen a probe against a company to include goods or services not covered in an investigation report.

The government has notified the rule changes, inserting a provision in the goods and services tax rules to allow the National Anti-profiteering Authority, or NAA, to direct the Director General of Anti-Profiteering to further a probe if there is reason to believe that there has been contravention of norms in respect of goods or services not covered in the latter’s report.

The move comes on the heels of GST Council, the apex decision making body for the levy, extending the tenure of the NAA by two years. The Council had also approved imposition of an additional penalty of up to 10% of the profiteered amount if the companies don’t pay up a fine of ?25,000 in 30 days.

In the past, there have been cases where the DGAP had sought to widen an inquiry to other goods or services beyond the scope of a complaint. Tax experts said companies now need to prepare themselves better.

NAA

“This new provision now specifically allows the NAA to extend investigation to other products as well… From the industry standpoint, it means that the ambit of antiprofiteering proceedings might increase and hence there have to be adequate controls and documentation in place with respect to all products that a company is dealing in,” said Pratik Jain, national leader, indirect taxes, PwC.

The June 28 notification also empowers NAA to summon any person in relation to an inquiry. This was earlier limited to the DGAP or its officers only.

Further, the DGAP has been allowed to complete an investigation within six months from the date of receipt of reference from the standing committee instead of three months now. The DGAP will get additional time to complete any new investigation handed out by the NAA. The DGAP can continue to apply for a three-month extension from the NAA.

A standing committee can now apply for a one-month extension from the NAA, in addition to the two months allowed for examining a complaint or application. Similarly, the NAA can now issue its order within six months — instead of three months earlier —from date of receipt of report from the DGAP.

India put in place an anti-profiteering system to ringfence consumers from sudden spikes in prices after GST was rolled out in July 2017. Countries that implemented GST had witnessed an increase in inflation soon after doing so. It had studied mechanisms that Malaysia and Australia adopted as part of their GST framework.

The country went in for a three-tier structure to investigate anti-profiteering complaints from consumers. At the initial level are the state screening committees and a national standing committee to examine complaints. These committees refer complaints to the Director General of Safeguards, mandated to conduct a thorough investigation by seeking information from the companies concerned. The third and final level is the NAA, which examines the investigation report and hears the company and the complainant before pronouncing a final decision.

Source: Economice-Times

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Hotels, realtors move Delhi HC over Input Tax Credit issue

Hotels, realtors move Delhi HC over Input Tax Credit issue

Many hotels, malls and real estate companies that were denied input tax credit under Goods and Services Tax (GST) mechanism in certain situations have dragged the government to court over the issue.

A writ petition was filed in the Delhi High Court on Monday, challenging a change in the GST framework this year, whereby input tax credits were denied to real estate companies, hotels and malls in cases where construction is undertaken by the company itself, people familiar with the matter said.

The amendment to Section 17(5) of the Central Goods and Services Tax (CGST) Act deals with blocked credit. “Section 17(5) of the CGST Act and the respective state Acts have led to a paradoxical situation by denying credits as the objective of the GST is free flow of credits when the output is in the course or furtherance of business,” said Abhishek A Rastogi, partner at law firm Khaitan & Co, who filed the writ petition on behalf of real estate companies.

“The impugned provisions are against the objectives of GST and have accordingly been challenged on the grounds of arbitrariness and vagueness.” Tax experts said the phrase ‘on his own account’ in the GST law will need to be interpreted differently if one were to take input tax credit.

Input tax credit refers to a mechanism under the GST framework wherein the tax a company pays when it purchases raw materials or other services can be passed on to the buyer when the goods or services are sold.

Tax experts say that many companies were unable to claim credit when they themselves constructed malls, buildings or hotels. “The distinction will have to be created between business to business (B2B) and business to consumer (B2C) transactions so that the benefit of credits is not denied,” Rastogi said.

Tax experts say that many companies were unable to claim credit when they themselves constructed malls, buildings or hotels. “The distinction will have to be created between business to business (B2B) and business to consumer (B2C) transactions so that the benefit of credits is not denied,” Rastogi said.

Source: Economic-Times.


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