Q. 200 The two bills are missing in our tally of july 2022, we have already filed GSTR-1 then now can we raise invoice and send goods ?

Ans. As per section 31 read with rule 47, in case of taxable supply of goods, a registered person shall issue a tax invoice, before or at the time of removal of goods (where supply involves movement of goods) or in other case, before or at the time of delivery or making goods available thereof to the recipient. Therefore, the missing invoices are to be recorded in the books and invoices to be raised before or at the time of removal of goods. The missing invoices are to be reported in GSTR-1 of the succeeding returns and tax liability to be discharged along with interest payments. 

Q. 199 Wether the benefit of the reduced amount of penalty 50% available under section 74(11) in case taxpayer have lost the case in appellate authority and ready to deposit tax within one month of appellate order for tax amount mentioned in original order issued under section 74 by assessing officer. Assessee is preferring not for further appeal ?

Ans. As per section 74(11), where the person served with order u/s 74(9) pays tax along with interest and a penalty equivalent to 50% of tax determined within 30 days of communication of order, all proceedings in respect of the said notice shall be deemed to be concluded. In the above-mentioned case, if the tax is to be deposited within 30 days of the communication of adjudication order, then the penalty amount equivalent to 50% of tax amount could have been opted. Moreover, the limit of 30 days might have elapsed from the served adjudication order. Therefore, 50% of the tax amount payable as penalty cannot be opted now.

Q. 198 Can you give me a detailed analysis on reading new GST food item rate notifcation ? 

Ans. The notification no. 6/2022 -CTR is the recent amendment reflecting changes in food items. The same notification seeks to amend notification no. 1/2017- CTR. Therefore, it is to be read along with base notification of rates. Please go through the link. It contains notification No.1/2017-Central Tax (Rate), dated 28th June 2017, as amended from time to time. https://taxo.online/wp-content/uploads/2021/10/GST-Rate-of-GOODS.pdf