Rajiv Talwar, a member of the Central Board of Indirect Taxes and Customs (CBIC) was provided with suggestions regarding GST changes required by the Indore city traders, tax advisors, and industrialists. He learned about what problems its stakeholders are facing with the GST.
In this case, the Tax Practitioners Association (TPA) provided a 10-point document stating the issues with the GST and recommendations for fixing them. The suggestions were presented on behalf of the Association by president CA Shailendra Solanki, secretary Abhay Sharma, GST secretary CA Krishna Garg, and Manoj Gupta.
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They said that when the GST was implemented, not many taxpayers had enough knowledge about the return filing process. Some taxpayers even failed to file returns on time. As a result, notices are being sent to them regarding the invalidation of the ITC (input tax credit) under Section 16(4).
Its credit should be granted because the supplier has already paid the tax on it. The government is collecting tax on the same transaction twice from the supplier and buyer by invalidating the input tax credit. This practice is not practical.
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TPA requested the appointment of an independent officer to handle appeals and advance decisions. Administrative officers are now handling this situation. Additionally, because most directives are only given in favour of the government, it loses the chance of receiving a fair direction.
It should be included in the cash ledger rather than claimed separately for the credit received from TDS and TCS. Many taxpayers today overlook taking credit! The taxpayer should have access to information as soon as Form 26AS of income tax is filed.
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Instead of filing separately, annual returns GSTR-9 and 9C should be made in one form. The information in 9C should be made mandatory in cases where a trader’s turnover exceeds Rs. 5 crores. In the current amnesty scheme, the facility is being provided to restore the old, cancelled registration. In this case, credit eligibility should also be provided, or else the trader will have double issues.
Even after they are not receiving an input tax credit still they have been asked to pay tax, interest, and penalties.
What is inappropriate in this situation is that a penalty must be paid on both the GSTR-1 and 3B forms due to the provisions showing the same transaction to be disclosed on two return forms.
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Besides, the association also gave suggestions for modifications to Form GSTR-3B. The board member said that they would read the suggestions and implement them. Regarding some suggestions, he directed the member of the Policy Formulation Committee, GST Policy, who was especially present in the meeting, to resolve the issue.
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