🧵Demystifying GST Audits: Section 65 & Rule 101. Understanding Both Sides of the Audit Journey! 💼🔍
Read this thread to gain a complete understanding of GST audits, covering Section 65 and Rule 101. #GST#TaxAudit#DemystifyingAudits
🔸The Commissioner or any officer authorized by him, may undertake audit of any registered person for a financial year or part thereof or multiples thereof at such frequency and in such manner as may be prescribed
🔸The officers referred above may conduct audit at the place of business of the registered person or in their office
🔸The registered person shall be informed by way of a notice in FORM GST ADT-01 not less than 15 working days prior to the conduct of audit in such manner as may be prescribed
🔸 The proper officer authorised to conduct audit of the records and the books of account of the registered person shall, with the assistance of the team of officers and officials accompanying him, verify the following and record the observations in audit notes :
👉documents on the basis of which the books of account are maintained
👉 the returns & statements furnished
👉 the correctness of the turnover
👉 exemptions claimed
👉 the rate of tax applied
👉 the ITC availed & utilised,
👉refund claimed,
👉and other relevant issues
🔸 During the course of audit, the authorised officer may require the registered person,
👉 To afford him the necessary facility to verify the books of account or other required documents
👉To furnish required information & render assistance for timely completion of the audit.
🔸The proper officer may inform the registered person of the discrepancies noticed, if any, as observed in the audit and the said person may file his reply and the proper officer shall finalise the findings of the audit after due consideration of the reply furnished
🔸Audits under Section 65 should be completed within three months from the audit commencement date. The Commissioner may extend this period by up to six months with written reasons
🔸The "commencement of audit" refers to: -
👉Date when requested records are made available by registered person, or
👉Actual start of the audit at the place of business
whichever is later
🔸·On conclusion of audit, the proper officer shall, within thirty days, inform the registered person, whose records are audited, about the findings, his rights and obligations and the reasons for such findings in FORM GST ADT-02
🔸Where the audit conducted results in detection of tax not paid or short paid or erroneously refunded, or input tax credit wrongly availed or utilised, the proper officer may initiate action under section 73 or section 74.
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📢 Thread: RBI Withdraws ₹2000 Banknotes, Here's What You Need to Know! 💵🏦
👉RBI is withdrawing ₹2000 banknotes introduced in 2016 after demonetization. These notes will still be legal tender, but their usage has decreased, so RBI wants to replace them with other denominations. #RBI#CurrencyWithdrawal
👉The decision is part of RBI's "Clean Note Policy" to ensure good quality banknotes in circulation. You can still use ₹2000 notes for transactions, but it's better to deposit or exchange them by September 30, 2023. Banks will help with the process. #CleanNotePolicy
📢 Attention all! The Government has issued certain notifications regarding the GST , effective from April 1, 2023. Here's a thread summarizing the latest updates: 🧵
👉 Late fee for GSTR 4 filed between Apr 1-Jun 30, 2023, for the quarters from Jul 2017-Mar 2019 or FY 2019-20 to FY 2021-22, will be restricted to Rs. 500.
👉Special procedure for revocation of cancelled registration introduced. Application must be filed before Jun 30, 2023, and after filing all returns with tax payment up to cancellation date.
Many times we face issues while getting gst registration like application rejected or gst get cancelled after registration
Here is a detailed thread 🧵 on provisions and various judgements on it
⚫️ RELATED PROVISION
🔸As per Rule 8(4) of CGST Rules 2017, using ref no applicant submit application electronically along with document specified in common portal
🔸Also as per Rule 9(2) of CGST Rules ,2017, where application is deficient ,officer may ask for clarification with regard to any information provided in the application or documents furnished
We face detention, confiscation and seizure of goods and conveyance.
here is detailed flow chart showing procedure to be carried out by departement during interception in the form of thread🧵
Many times businesses face detention due to expiry of e -way bill and non extension of eway bill.
In these cases officers invoke penalty of section 129 and sometimes even section 130 confiscation is invoked
Here is a detailed thread 🧵 on provisions and various judgements on it
⚫️ RELATED PROVISION
🔸2nd proviso to rule138(10) provides that where, under circumstances of an exceptional nature, including transshipment,the goods cannot be transported within the validity period,the transporter may extend the validity after updating the details in PartB
🔸Provided also that the validity of the e-way bill may be extended within eight hours from the time of its expiry.
Below are various judgements of different courts which can be used for argument