Taxpayers Should Familiarize Themselves with GST Provisions Prior to Filing ITR, India

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Taxpayers in India are being urged to familiarize themselves with the provisions of the Goods and Services Tax (GST) before filing their income tax returns. Failure to do so could result in action being taken by both the GST department and the income tax department. This advice comes from GST expert Sunil Jain, who spoke at a seminar organized by the Madhya Pradesh Tax Law Bar Association and Commercial Tax Practitioner Association.

Jain highlighted that the intention to evade tax must be proven before action can be taken under section 129 of the GST Act, as mandated by a Supreme Court verdict. He also emphasized the importance of taxpayers keeping up with the recent decisions made by the GST Council, which have been communicated via notifications and circulars. Clarity has been provided regarding the supply of services between different business locations and the requirement for raising internal service bills.

The President of the MP Tax Law Bar Association, Ashwin Lakhotia, announced an upcoming state-level seminar in Sagar on August 12th. The aim of the event is to gain maximum participation and successfully address concerns related to the non-receipt of revised returns, which has caused business disruption. In response, a campaign will be launched in the first week of August, urging the GST Council and the state government to allow filing of revised returns.

Meanwhile, the President of the Commercial Tax Practitioners Association, Kedar Heda, advocated for the opening of the GST Appellate Tribunal (GSTAT) in Indore. While it is expected to be located in Bhopal, Heda argued that Indore should host the tribunal due to its significant tax contributions and high number of taxpayers. A letter has been sent to Union Finance Minister Nirmala Sitharaman and Commercial Tax Commissioner Lokesh Jatav, and a memorandum will soon be presented to Chief Minister Shivraj Singh Chauhan and Principal Secretary Commercial Tax Deepali Rastogi.

It is crucial for taxpayers in India to familiarize themselves with the provisions of the GST before filing their income tax returns. This is to avoid any discrepancies or mismatches, which could lead to potential action by both the GST department and the income tax department. GST expert Sunil Jain emphasized the need for taxpayers to stay updated with the decisions made by the GST Council, as recent notifications and circulars provide important clarity on various aspects of the GST.

The Supreme Court has ruled that action under section 129 of the GST Act can only be taken if there is an intention to evade tax. Jain further explained that supply of services between different business locations of the same taxpayer will not be considered, and if a taxpayer is eligible for full Input Tax Credit (ITC) in another establishment, it is not necessary to raise bills for internal services to that establishment.

To address concerns related to non-receipt of revised returns and its impact on business operations, the MP Tax Law Bar Association will be organizing a state-level seminar in Sagar on August 12th. The aim is to gather maximum participation and voice demands to allow filing of revised returns. A campaign will also be launched in the first week of August across the entire state to put pressure on the GST Council and the state government.

Furthermore, the Commercial Tax Practitioners Association is advocating for the establishment of the GST Appellate Tribunal (GSTAT) in Indore. Although it is expected to be located in Bhopal, Indore’s significant tax contributions and high number of taxpayers make it a suitable choice. A letter has been sent to Finance Minister Nirmala Sitharaman and Commercial Tax Commissioner Lokesh Jatav, and a memorandum will be presented to Chief Minister Shivraj Singh Chauhan and Principal Secretary Commercial Tax Deepali Rastogi seeking their support in setting up GSTAT in the city.

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Shreya Gupta
Shreya Gupta
Shreya Gupta is an insightful author at The Reportify who dives into the realm of business. With a keen understanding of industry trends, market developments, and entrepreneurship, Shreya brings you the latest news and analysis in the Business She can be reached at shreya@thereportify.com for any inquiries or further information.

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