Input Tax Credit is the heart of GST compliance for all taxpayers. It is the provision of input tax credit that ensures that taxpayers only need to pay GST on the value added to the goods or services supplied. In the first phase of GST implementation, taxpayers are required to claim input tax credit on a self-assessed basis, as declared in GSTR-3B. In the second phase of GST implementation, as discussed in our article ‘New GST return filing process’, input tax credit of each taxpayer will be arrived at based on the invoices uploaded by their suppliers and locked by them. Let us understand all about the new GST input tax credit rules.

New GST Input Tax Credit Rules – Mechanism

As per the new GST input tax credit rules, only an invoice uploaded by a supplier and locked by the buyer will be a valid document for claim of ITC by the buyer.

Suppliers must pay the tax liability on supplies made during a month by 20^th of the next month. Suppliers will also have the facility to continuously upload invoices for their supplies to the GST portal. These invoices will be instantly shown to the buyers in the GST portal and can be locked by them. Input tax credit for a month will be arrived at based on the invoices uploaded by suppliers until 10^th of the following month. Invoices uploaded by suppliers after 10^th of the following month will be considered for ITC in the following month, as per the input tax credit rules under new GST returns.

Let us take an example to understand the input tax credit rules under new GST return:

Example: Super Cars Pvt Ltd supplies cars to Rakesh Automobiles. In April ’19, Super Cars Pvt Ltd makes the following supplies to Rakesh Automobiles:

In the above table,

For the invoice dated 5^th April ’19, Super Cars uploads the invoice on 25^th April ’19. Super Cars has to pay the liability on the supply in the return for April ’19, as the supply has occurred in April ’19.  Rakesh Automobiles can also avail input tax credit on the supply in the return for April ’19, as Super Cars has uploaded the invoice by 10^th May ‘19.

For the invoice dated 15^th April ’19, Super Cars uploads the invoice on 9^th May ’19. Super Cars has to pay the liability on the supply in the return for April ’19 as the supply has occurred in April ‘19. Rakesh Automobiles can also avail input tax credit on the supply in the return for April ’19, as Super Cars has uploaded the invoice by 10^th May ’19.

For the invoice dated 30^th April ’19, Super Cars uploads the invoice on 12^th May ’19. Super Cars has to pay the liability on the supply in the return for April ’19 as the supply has occurred in April ‘19. Rakesh Automobiles can avail input tax credit on the supply in the return for May ’19, as Super Cars has uploaded the invoice after 10^th May ’19.

Hence, taxpayers can expect a systematic and simplified process for claiming input tax credit in the next phase of GST implementation. However, the focus on the buyer’s input tax credit being based on the supplier’s invoice remains a key feature in the entire system. Hence, it is important for taxpayers to become aware of the input tax credit rules under new GST returns and choose their suppliers carefully.

Over the past few months, several businesses across the nation have been plagued with GST notices from the government. If reports are to be believed, there has been a nearly 34% of GST mismatch or underpayment of GST, amounting to an overwhelming deficit of INR 34,400 Crores. Both taxpayers and firms have been served these notices, in response to all GST returns that have been filed between July and December 2017 – leading to a general feeling of fear surrounding GST compliance. As we start off yet another year as an independent nation, presenting a blog on how we can possibly get freedom from fear – and avoid GST mismatches and GST notices.

Reasons behind GST mismatch

To begin with, there are two major reasons, why GST mismatches occur. First, difference between the self-declared GST liability and available input tax credit, after one has filed summary returns in Form GSTR-3B, and provided invoice-wise details of all outward supplies in Form GSTR-1. Second, difference between values appearing in Form GSTR-3B and Form GSTR-2A i.e. the details of purchases from one’s suppliers. Quite understandably, the latter reason is more crucial for the government, as any incorrect ITC allocation against the tax that is actually paid by the supplier, results in GST revenue loss.

Penalties due to GST mismatch

With the emergence of these GST mismatches and GST notices, it can be fairly assumed that the tax department’s previous soft approach towards non-compliance may be coming to an end in the GST era. The government has gone about its business in a stern manner indeed, mandating a time of 30 days to all businesses who have received a notice. Upon issue of the notice, if no explanation is received within the stipulated date, it will be assumed that one has no explanation to provide, and the relevant proceedings will be initiated against a business. Not to forget the stringent GST procedures, which have stipulated an 18% interest on wrongly claimed ITC, which is bound to discourage tax evasion or manipulation practices. Thus, it is important that businesses know what is to be done to avoid GST mismatches and in turn, avoid GST penalties.

Steps you can take to avoid GST mismatch

Under such circumstances, what could a business possibly do to avoid GST mismatches, thus attaining freedom from GST notices?

Work with the right vendors

One of the first steps that can be taken is to work with the right set of GST compliant suppliers. Doing so will ensure, that at no point in time, is there any GST mismatch between the purchase details uploaded by a business and the data uploaded by its suppliers. This will eliminate the possibilities of varying ITC calculations, and could go a long way to ensure that the data in Form GSTR-3B and Form GSTR-2A is consistent.

Maintain records systematically

Another step, is the need for businesses to keep a close watch on the data being fed in while filing summary returns in Form GSTR-3B and while filing final returns in Form GSTR-1. This requires a fairly high degree of GST compliance concentration from businesses, which can only be made possible by adapting a systematic way of maintaining books of accounts and records of transactions. Quite understandably, those businesses who still go about manual records or who maintain business records on spreadsheets, would be finding it a tad difficult to bring in the necessary corrections, and that too within the short time-frame, which is available to respond to such notices. The need of the hour, naturally, is some automated system or GST software system, which enables a business to be compliant.

However, what is encouraging to note is, that even with the original return filing model having given way to a condensed model with Form GSTR-1 and Form GSTR-3B, the government is able to enforce a fair degree of GST compliance across the country. With the simplified return filing model knocking at the door, it will be the right time for businesses to adapt the right technology, and enjoy freedom from GST notices, avoid GST mismatches and stay away from hassles at the end of the day.