Ques: 859: Draft a reply for notice for e way bill and gstr1 difference

Ans: E-way bill is prepared for movement of goods whereas in GSTR-1 outward supplies are reported. There can be numerous reasons for difference between e-way bill and GSTR-1 and accordingly reply can be drafted. It is recommended to prepare a reconciliation between the two, to find out reasons for differences. Few reasons are as under:

1. Expiry of e-way bill without delivery of goods
2. Movement of goods having consignment value less than 50,000.
3. No requirement to prepare e-way bill adhering to state wise limit specifically for intra-state movement of goods.
4. Technical error resulting into non-generation or duplication of e-way bill.

Further, inclusion or exclusion of any transaction in e-way bill data does not result in levy or non-levy of  GST. For GST levy, each transaction need to be studied refereeing Section 7 of the CGST Act, 2017.

Ques: 858: Please forward any notification, circular, guideline, FAQ or case law that may be available in support of the opinion that RCM supplies have to be excluded from the calculation of aggregate turnover.

Ans: In our view, outward supplies covered under RCM will form part of aggregate turnover.

Ques: 857: I have transfer my business on 6.10.2023 to another firm. Now I want to tranfer itc to the new firm by filing ITC-02 form on portal. Now amount to be transferred should be closing balance as on 06.10.2023 or it should be the amount in electronic credit ledger after filing my return of October

Ans: As per Rule 41 of CGST Rules, a registered person shall, in the event of sale, merger, de-merger, amalgamation, lease or transfer or change in the ownership of business for any reason, furnish the details of sale, merger, de-merger, amalgamation, lease or transfer of business, in FORM GST ITC-02, electronically on the common portal along with a request for transfer of unutilized input tax credit lying in his electronic credit ledger to the transferee.Accordingly, the taxpayer will be eligible transfer whatever input tax credit is available on the GST portal on the date of filing of ITC-02.