The spate of notices on difference between GSTR 3B and 2A some of them allowing only 5-7 days time to reply mainly by the State GST officers in some States of India has led to fear of return of the Inspector Raj and 100% scrutiny for all. GST is supposed to be a SELF ASSESSMENT REGIME!!
Sharing the Draft Reply to such notices (by Madhukar Sir) which may be dispatched through Registered Post. You may edit/modify its applicability on case to case basis and include the following points:
GST Officer ( issuing notice) with CC to Commissioner SGST
Sub: Reply to differences in ITC in addition to reply online.
We are in receipt of the online mail from mail ID…..Please confirm whether this would be the official ID for further mails and we can reply to this ID.
The period provided of .…days is less than the 30 days provided in general for any replies.
The lumpsum figure does not provide the period and the list of credits which have been compared with our figures in 3B. ( We provide our list of credits in Annexure-1)
GST was supposed to be based on voluntary compliance and non invasive.
As we understand GSTR 2A is not available being postponed nor mandatory and therefore comparison with that document may not be fair and in line with GST Act.
It would have been proper to compare the GSTR1 of the supplier and our 3B which could be confirmed.
The reasons for differences could be as under:
1. Delay in availing the credit of earlier months availed in the month under question.
2. Ineligible credits not claimed by us.
3. Reverse charge payments and consequent credits not considered.
4. Import IGST credits similarly not considered.
5. The non-compliance from the supplier's side due to non payment, incorrect uploading, data entry errors in figures or GSTIN, classifying at B2C instead of B2B and maybe many more which we are still to see are not in our control.
We understand that only in exceptional cases like missing dealer etc, we would be questioned about non-compliance by the supplier and have to prove our compliance.
We have a system of verification of the credits once in a quarter and would be availing the missed credits and reverse the excess credit availed in the subsequent GSTR3B.
Considering all of the above it appears that the notice is too early, premature and may not be legally valid. Please provide us the list of credits as per your record and also confirm that this reconciliation is required in law.
We as law abiding assessees would like to be on the right side of law but do not wish to be burdened with additional costs of preparation of statements, getting them verified by our consultant when there is no requirement under law.
Kindly acknowledge the receipt of this letter and advise on the questions raised especially in regard to the legal validity and the request for information from your side.
Signature of assessee
An-1- List of credits availed.
You need to add facts + reference + importantly delete that which is not applicable. This has been shared for those who are still learning the ropes.
Hope this will assist in your professional endeavour.