By Rajat Mohan and Priyanka Sachdeva
Majorly, at current two returns are required to be filed by each registered taxpayer. GSTR-1 and GSTR-3B. GSTR-1 is a gross sales return that’s required to be filed by each GST registered individual. Taxpayers are required to enter particulars related to their gross sales & outward provides within the mentioned return. It’s a month-to-month or quarterly return filed by taxpayers to reveal particulars of their outward provides for the month – together with their tax legal responsibility. GSTR-3B is a month-to-month self-declaration to be filed by a registered GST seller. It’s a simplified return to declare abstract of GST liabilities for a tax interval.
Primarily based on GSTR-1 filed by suppliers, GSTR-2A and GSTR-2B are auto-generated ITC statements in order to allow the taxpayer to calculate the ITC availability for the month. Each GSTR-2A and GSTR2B are an auto-generated ITC assertion with the distinction being that the previous is a dynamic report and the latter one is static. They are going to be generated for each recipient as per the information stuffed by the suppliers of their respective Types GSTR-1, GSTR-5 and GSTR-6.
With an purpose to ease the return submitting, GSTIN has introduced a significant change in return submitting within the 12 months 2020 by bringing in auto inhabitants of particulars in GSTR-3B primarily based on GSTR1 and GSTR2B. The PDF file will be downloaded of the system generated GSTR-3B and all of the values will be in contrast with books of accounts. This auto-population of particulars allows the taxpayer to cross test the figures being reported by the taxpayer by giving a crimson flag and immediate for any variation past 10% of auto-populated figures. Thus, this step of GSTIN is venerable because it reduces the possibilities of guide errors being carried out by the taxpayers earlier. It assists the taxpayers in submitting GSTR-3B by decreasing the time consumed for submitting the identical.
All the main tables are auto-populated together with ITC reversals primarily based on integration of varied returns and different portals like ICEGATE for import of products. This auto-population shall decrease the mismatch in GSTR-1 and GSTR-3B and help in future reconciliation. It shall enhance general taxpayer compliance by aiding in submitting GSTR-3B. It shall additionally assist in resolving delayed refunds on account of such guide errors in GSTR-1 and GSTR-3B. The 7% elevated assortment of GST in Feb 2021 vis a vis final 12 months will be attributed to such steps of ease of submitting taken by the Authorities.
Nonetheless, at present there are particular limitations. This facility has been made out there to month-to-month return filers and shall be quickly offered for quarterly filers additionally. Secondly, in case the individual doesn’t fill GSTR-1, there shall be partial auto-population primarily based on GSTR-2B. Additional, if the taxpayer has entered and saved values in GSTR-3B earlier than auto-population by the system, the saved values is not going to be modified/over written by the system. The system computed worth in Desk 3.1 (d) of GSTR-3B i.e inward provides liable to reverse cost don’t include the worth of taxes to be paid on RCM on account of import of companies. These particulars need to be included by taxpayer by enhancing the auto-populated determine and incase the quantum of import of service is extra, the crimson flag and warning message will at all times pop-up. Auto-populated determine in Desk 4B (2) – ITC reversed –Others embrace the main points of all credit score notes reflecting in GSTR-2B. There are eventualities the place the provider reported the bill wrongly after which reversed it via a credit score notice. Thus, it could result in auto-populated ITC reversal being greater than the precise ITC reversal proven by the taxpayer. This can be the subject material of litigation because the notices may stream on account of mismatch in reversal truly proven in returns and people being auto-populated.
Additional, there’s one main subject which continues to be unresolved. If the unfavourable figures are reported in GSTR-1 i.e. Gross sales returns are greater than the Gross sales, then worth auto-populated can be zero. Thus, nonetheless the limitation of unfavourable values not with the ability to be reported in GSTR-3B persists resulting in mismatch in GSTR-1 and GSTR-3B in a number of months and the tax payer has to nonetheless face the problems of notices being acquired from division for brief fee of taxes within the months when the adjustment of unfavourable determine reported in GSTR-1 is finished in GSTR-3B. With the brand new provisions proposed to be applied underneath the Price range 2021-22 which supplies the big powers to the division to provoke restoration proceedings in case of mismatch in GSTR-1 and GSTR-3B makes it much more crucial to convey this performance in GSTR-3B of accepting unfavourable values.
With the second wave of Covid-19 hitting Indian financial system, it’s crucial for the Authorities to introduce increasingly more measures that shall not solely be favorable for exchequer but additionally to the real taxpayers. There’s a want of an hour to convey a couple of extra reforms in GST to cut back main bottlenecks in industrial progress thus rejuvenating taxpayer confidence.
(Rajat Mohan is Senior Associate at AMRG & Associates and Priyanka Sachdeva is Associate at AMRG & Associates. Views expressed are authors’ personal.)