Solved Queries

Q. 49 In the records of Mr A (Individual) a difference in Turnover is noticed during 2017-18.
Particulars _________________ Turnover
As per VAT (Apr-Jun 2017) : Rs 5 Lakhs
As per GST (Jul 17 to Mar 18) : Rs 25 Lakhs
Total Turnover : Rs 30 Lakhs;
But, As per Tax Audit : Rs. 35 Lakhs

There is a difference in Turnover between VAT/GST Return and Tax Audit of Rs 500000

Mr A claims that The Tax Audit Figure is wrong. Can he do so?
If No, What are the consequences (Legal Proceedings, Fine, Interest, Interest etc) which he may face ?
 

Ans. This is a very subjective question and can be answered based on the facts. Still, the claim of Mr. A can be verified with the invoices raised by him during the year. Since, turnover is less reported in GST/VAT return, this may be due to omission.

Therefore, the details can be verified with the help of invoice issued bearing serial in sequence. Also, details can be checked from 26AS.

Q.48 Actually i want to know, as due date of ITC 04 was 25th april 2022 for OCT to March 2022, what kind of penalty or interest i have to pay if the same was not filed on due date  

Ans. As of now there is no late fees, penalty or consequential provision prescribed specifically for ITC-04 under the GST law. However, in the absence of the same, a proper officer has the power to impose a penalty depending upon the nature of circumstance under section 127 of the  CGST Act, 2017. Further under section 125, general penalty of Rs 25,000 for CGST (i.e. Rs 50,000 for IGST) has been prescribed in cases where specific provisions have not been provided. Also, equivalent penalty shall be levied under SGST Act.

Q.47 Whether GST need to be paid on supplies made before exceeding threshold limit ? 

Ans. The threshold limit is merely for the registration purpose only. In case you have crossed the threshold limit or voluntarily taken the registration, in that case GST shall be payable on all supplies made post to obtaining the registration irrespective of the fact that the gross amount does not exceed the amount of threshold limit.

Caution: The above opinion is framed based on the limited information available and merely a personal opinion. We will not be responsible for any damage or loss in whatever manner consequent to any action taken on the basis of any content of this opinion. We suggest you take a detailed opinion for better clarity based on extensive information and research thereof.

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