Ques: From which date 90 will commence to complete gst audit under section 66 of the gst act 2017 . Is it from the date of issuance of ADT-03 to the registered person or from the date of appointment of the chartered accountant or the both. Please clarify

Ans: It’s from ADT 03 issued

Ques: Manufacturer “A” entered into MOU with its dealer “B” in the state of Maharashtra to lift of committed quantity . The MOU is signed by the dealer and is not carrying any obligation on part of dealer to carry out further sales activity. It is written in the MOU that discount will be at the discretion of manufacturer “A”.

Manufacturer A has issued a commercial credit note of say Rs 10.00 against sale prices of Rs 100.00. B has sold these goods considering MOU discount which will be received at the year end Say at Rs 90+ 2 Profit margin. This led to an accumulation of ITC at the dealer B’s end.

Whether department can levy GST on Rs 10 (Post Sales Discounts received) considering the same as outward supply of Mr. B.

Ans:In case there was agreement for discount then department can not levy GST on post sale discount. Only condition that both of them need to disclose in GSTR and also credit note should carry details of all such invoices on which discount pertains to

Ques: Can the benefit of 128A be denied for such cases where interest and penalty is on account of late payment of GST (i.e. self assessed tax/mismatch in GSTR1 vs 3B)

Ans: Please refer to S. No. 4 of Table given in Para 4 of Circular No. 238/32/2024-GST as per which such interest is not eligible for benefit of waiver under Section 128A. However, a different interpretation of this Circular is possible basis the facts of the case for which you may take professional consultancy.