When recovery will be initiated on difference between GSTR-1 & 3B


  • The CBIC have inserted strict barriers on claiming of Input Tax Credit only to the extent of ITC reflected in GSTR-2B based on GSTR 1 filed by the supplier and further as a result of insertion of the above explanation, where the tax payable in respect of details of outward supplies furnished by the registered person in GSTR 1, but has not been paid through GSTR 3B, either wholly or partly, will be considered as the tax short paid on such self-assessed basis and thus the same is self-admitted liability. Thereon same are liable to be recovered under the provisions of section 79 with or without issuing show cause notice.
  • following are the points that needs to be considered by officer before initiation of recovery without issuing the show cause notice:
  1. In case of any typographical error identified in GSTR 1 the same can be rectified only in the GSTR 1 of subsequent months.
  2. Where a supply could not be declared by the registered person in GSTR 1 of an earlier tax period, though the tax on the same was paid by correctly reporting the said supply in GSTR-3B. The details of such supply may now be reported by the registered person in the GSTR 1 of the current tax period. In such cases, there could be a mismatch between GSTR 1 and GSTR 3B in the current tax period.
  3. Therefore, in all such cases, an opportunity should be provided to the concerned registered person to explain the differences between GSTR 1 and GSTR 3B, if any.
  • The below mentioned provisions and go for the initiation of recovery even before the time limit provided by the act itself to rectify its error is over:
  1. CGST Act, itself gives time limit till September of next financial year to rectify any error or omission in various provisions.
  2. The proper officer may scrutinize the return under section 61 to verify the correctness of the return and inform him of the discrepancies noticed, if any, in such Form GST ASMT 10 and seek his explanation thereto.
  3. If, the taxpayer is able to justify the differences between GSTR 1 and GSTR 3B, then there may not be any requirement to initiate proceedings for recovery under section 79. On the other hand, if the said registered person either fails to provide justification to the officer or fails to make the payment of amount due then the proceedings for the recovery of the said amount as per the provisions of section 79 may be initiated against him.

 
     
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