When will the dream of taxation in GST law come true?

- Sales Tax-Soham Mushruwala

Ease is not given any place under GST Act. There was hope for a new rise and development in the country but we are all aware of what is happening. The uninterrupted flow of Verashakh has become a thing of the past. When a trader buys or receives goods or services, he pays the suppliers compensation and tax amount, but the tax collector goes away demanding it. Today's article discusses what to do under the GST Act and what happens if there is a delay in filling up the form by the trader's supplier or if the details are shown in a wrong box in GSTR1.

Where to ask for dividends

In the existing form of filing, the trader has to indicate in the GSTR 3B form to claim the dividend. Apart from this there is no option to make the claim of the tax collector to receive the supply.

Section 16 (4) of the CGST Act

The form to be filled by a person registered under section 16 (4) of the GST Act is to be sought in the form by September next year after the completion of the financial year. The form to be filled in section 39 is GSTR3B. The deadline was extended by the government to March, 2019 for the financial year 2017-18 through provisions. As a result, there is no option other than GSTR3B to seek credit in case of supply.

Rule 36 (4)

Rule 36 (4) has been in force since October 2019, making it difficult to claim the invisible bills in GSTR 2A. This rule is framed contrary to section 16 (4). Because there is no provision in that section in this regard.

Delayed roll by supplier

The GST Act provides for late filing of forms which allows compliance with the provisions of the Act after payment of late fees. No matter how much the supplier delays, the form is accepted on the GST portal. For some reason, even after the completion of the financial year, the supplier's work does not pay GSTR of 37 till next September. There is no provision in the entire GST Act that the branch is not recoverable due to late filing of the form. However, the Advancing Ruling Authority of the State of West Bengal recently rejected the petitioner Eastern Coalfields Lee (07 / WBAAR / 2021-22 dated 9-8-2021) and declared the tax invalid. Account Circular No. 123/42 / 2019- GST has also been decided in this regard on the ground that it is against the law.

GSTR-2A invisible bills

B2B transactions are often treated as B2CS by the supplier and the deadline to amend GSTR 1 is also coming to an end. In such a case, due to Rule 36 (4), the trader receiving the supply is left with a dream. Although there is no provision in this regard in Section 16, due to such a technical error, the GST Act breaks the loophole. St. Joseph Tea Company Ltd. by the Hon'ble Kerala High Court. In the case of (2021-VIL-550-KER), a very noble judgment has been passed stating that due to technical defects, the returns could not be amended and the benefit of the dividend could not be invalidated as the bills did not appear in GSTR 2A. Thus, just because the bill does not appear in GSTR 2A, the dividend cannot be rejected.