1/9 As an Practitioner in Indian #GST laws, I'm sharing a simple yet comprehensive guide on the procedures involved in physical verification as per Rule 25.

A vital process to maintain transparency and ensure legitimacy. #TaxLaw #GSTLaw
2/9 Physical verification is initiated by issuing a notice in Form GST REG-26 by the proper officer.

The notice specifies a date for personal hearing and demands for necessary documents. #TaxLaw #GSTLaw
3/9 The concerned person has to be physically present at the premises during the verification.

A key principle as confirmed by Delhi High Court in the Bimal Kothari & M/s Curil Tradex cases. #TaxLaw #GSTLaw
4/9 The officer conducting the verification is obliged to follow due process.

This includes taking photographs of the premises which serve as proof of the physical verification process. #TaxLaw #GSTLaw
5/9 After thorough inspection of the premises, the officer prepares a detailed verification report.

This report is a critical piece of documentation that provides a snapshot of the verification process. #TaxLaw #GSTLaw
6/9 Post verification, the officer is required to prepare Form REG-30.

This form is a verification summary report, essentially a consolidation of the entire process & findings during the physical verification. #TaxLaw #GSTLaw
7/9 The officer then uploads the photographs, verification report and the completed Form REG-30 to the GST portal.

This formalizes the completion of the verification process. #TaxLaw #GSTLaw
8/9 Any deviation from this process can result in serious implications, as highlighted by the Calcutta High Court in the Rohit Varma case and the Delhi High Court in KPM Enterprises. #TaxLaw #GSTLaw
9/9 Rule 25 is more than a guideline; it's a testament to the integrity and thoroughness of the GST system. By understanding and applying it correctly, we uphold the credibility of our profession. #TaxLaw #GSTLaw

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More from @abhishekrajaram

May 19
Auto dealers want GST on two-wheelers reduced to 18%

Federation of Automobile Dealers' Association (FADA) has requested the GST Council to reduce GST on two-wheelers from 28% to 18%.

This is aimed at making two-wheelers more affordable and reviving demand in the industry.
Two-wheeler sales have declined by 20% from 13.3 lakh in 2018 to 10.7 lakh in 2022.

The two-wheeler industry is facing a number of challenges, including inflation, emission norms, and a slow uptick in demand.
The two-wheeler industry is a major contributor to the Indian economy, accounting for about 14% of the total automobile market. The industry employs over 10 million people and is a major source of livelihood for many families.
Read 10 tweets
May 19
Allahabad High Court's Landmark Judgement

Justice takes time, but how much exactly? ⌛

The court clears the air, clarifying 'four months' doesn't always mean '120 days'.

The appeal process shouldn't be a race against time, but a deep dive into the merits of the case! 🕵️‍♀️⚖️📅
• Case pertains to Section 107 of GST Laws, regarding delay in filing appeal. 📜

• The appellate authority dismissed the appeal as it was filed beyond the stipulated period of four months. ⏳

• The court clarified that the period is four months, not necessarily 120 days. 📅
• The appeal in this case was filed on the 121st day, which still fell within the four-month window. ✔️

• The court highlighted that the appellate authority should have focused on the merits of the appeal rather than the filing timeline. 🧐
Read 6 tweets
May 18
In continuation of my earlier tweet or post here are more details on "20% TCS on Credit Cards"

The procedure to deduct TCS on credit card foreign payments is as follows:

The credit card issuer will collect TCS at the rate of 20% from the credit card holder.
The credit card issuer will issue a TCS certificate to the credit card holder.
The credit card holder will file their income tax return and claim the TCS as a deduction.
The income tax department will refund the TCS to the credit card holder, if the credit card holder has any income tax liability.
Read 9 tweets
May 18
The government of India has announced that a 20% tax collected at source (TCS) will be levied on all credit card foreign payments made outside India, effective July 1, 2023. This move is expected to increase the government's revenue collection and curb the black money menace.
The TCS will be levied on all credit card payments made outside India, irrespective of the amount.
However, there are certain exemptions to this rule. The TCS will not be levied on credit card payments made for the following purposes:

Education
Medical treatment
Foreign travel for employment purposes
Foreign travel for business purposes
Read 10 tweets
May 18
Law firms write to PMO requesting to maintain current GST rate for online gaming industry. Image
Various law firms representing prominent online gaming companies recently wrote to the Prime Minister’s Office (PMO), requesting the GST Council to maintain the current GST rate on online gaming.
The GST Council is expected to meet in mid-June and decide the rate of taxation. The report submitted by the GoM recommended 28% rate on all types of online gaming. As of now, the skill-based games are taxed at 18% while chance-based ones at 28%.
Read 10 tweets
May 17
Unlocking the Mystery of GST Physical Verification Drive🔍

The recent All India Physical Verification Drive in GST has raised a few eyebrows. But what does it really mean for businesses and tax professionals? Let's deep dive into it.
1. Targeting risky taxpayers - those with a history of non-compliance, high ratios of credits to tax in comparison to industry average, or those who have been penalized or investigated in the past.
2. On-the-spot inspections - GST authorities conduct physical verification of registered premises, assess record-maintenance and verify tax payment accuracy, helping curb tax evasion.
Read 7 tweets

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