Part 13- GST - Assessment, Prosecution, Arrest & AMP; Advance Rulings

CA. Sanjiv Nanda, Smarthead Consultants

 Introduction, GST Council, CGST & SGST or IGST
 Why GST & Taxes Subsumed Under GST
 HSN Code & Rates of Taxes
 Key Concepts Under GST & Definition Of Taxable Person
 Meaning of Supply U/s 3 instead of Sale
 Definition Of Goods & Services
 Place of Supply U/s 12- to Check Inter/Intra State
 Time of Supply - to decide when GST Taxes becomes payable
 Registration and Composition Scheme
 Returns Under GST and their Dates
 Input Tax Credit & Job Work Treatment
 Impacts On Businesses
 Assessment, Audit and Prosecution & Arrest
 E-Way Bill and Transporting Under GST
Sequence to Study GST For Understanding

ASSESSMENT
Section 2(12): “assessment” means determination of tax liability
under this Act and includes self-assessment, re-assessment,
provisional assessment, summary assessment and best judgment
assessment.
The CGST Act contemplates several types of assessments as
under:
Self-assessment (Section 44)
Provisional Assessment (Section 44A)
Summary Assessment in certain special cases (Section 48)
Additionally, the CGST Act also provides for determination of the tax
liability by:
Scrutiny of tax returns filed by registered taxable persons (Section
45)
Assessment of registered taxable person who have failed to file the
tax returns (Section 46)
Assessment of unregistered persons (Section 47)

Appeals to First
Appellate Authority
Appeals to the Appellate
Tribunal
Appeal to the High Court
Appeal to the Supreme
Court
APPEALS AND REVISION

ADVANCE RULING
Authority
for Advance
Ruling
Shall be located in Each
State.
Comprise one member
CGST and one member
SGST to be
appointed respectively by the
Central Government and
the State Government
Qualifications,
Eligibility Conditions,
Method and the
Process of
Appointment
of the Members shall
be as may be
Prescribed

INSPECTION, SEARCH, SEIZURE AND ARREST
1. Power of inspection, search
and seizure
2. Inspection of goods in
movement
3. Power to arrest
• Suppressed any transaction.
• Excess Claimed input tax credit.
• Business of transporting goods and have
escaped payment of tax.
• Goods shall be returned if no notice is given
within 60 days of the seizure of the goods
• Where any vehicle carrying goods of
value exceeding Rs 50,000, is
intercepted by the proper officer at
any place for verification of
documents.
Any person has committed an offence
punishable u/c (i) or (ii)
of sub-section (1) or under sub-section
(2) of section 73 he may, by order,
authorize to arrest such person.

Prosecution and compounding of offences
Offence
Supply
without
issue of
invoice
Issue of
invoice in
violation
of act
Not paying
tax after
collection
Taking ITC
without
actual
receipt
Fraudulent
ly
obtaining
refund
Obstructin
g an officer
in
dischargin
g his duties
Providing
false
documents
Providing
false
informatio
n

Anti-Profiteering Provisions
 It is a provision which has been brought in to punish businesses
that do not pass on the GST benefits of price reduction to the
Customers and has three stage process.
 Any Businesses found to be profiteering can be levied a penalty
equal to the amount gained under GST but not passed on to
the customer.
STAGE-1 :- There will be a State Level Screening Committee which
will be the eyes and ears in each state and responsible for
screening cases of anti-profiteering and referring the same to
the Standing Committee;
STAGE-2 :- If Standing Committee is satisfied that a “prima-facia”
case exists then it will be referred to DG Safeguards.
STAGE-3 :- After Investigation by DG if found guilty then the Anti
Profiteering Authority has the power to Punish including
reduction in prices, return taxes, penalty & even cancellation
of registration.

STEPS TO BE TAKEN TO BE GST READY Part-1
CA Sanjiv Nanda
 Do Migration of Your Current Registration of
Excise/VAT to GST and get a GSTIN Number;
 Update Your Vendor Master & Customer Master in
your Accounting Software with the HSN Codes, New
Rates, GSTIN, State(s) of Regn., Principal Place and
Additional Place of Business, etc…;
 Have STOCK Files Ready- Rate wise with all the
Bills of at least 12 months old stocks and Details of
any ITC / Cenvat Credit Pending and to be C/F and
availed under GST and File FORM under GST –
TRAN-1 ;
If Goods sent for JOB WORK then get them back
before the Appointed Date or File the details in
Form GST-TRAN-1;
 Update your ERP / ACCOUNTING Software;

STEPS TO BE TAKEN TO BE GST READY Part-2
CA Sanjiv Nanda
 Fix Your Product Prices under GST & Be Careful of the
Anti- Profiteering Rules specially when fixing your Product
Prices
 v Study Your Business Model and Tweak it under GST if
required;
 Study Your Business Structures of Logistics, Warehouses,
Legal Ownership Structures, Contracts with Vendors &
Customers, etc and Tweak them for GST;
 Re-Train Your Manpower for GST- Accounting Team,
Sales Team, Purchase Team, Logistic Team, Production
Team, etc..
 Have Your War Chest Ready i.e., Create Cash Flows and
 People who Change AFTER the Change will SURVIVE;
People who Change WITH the Change will SUCCEED;
People who CAUSE the Change will LEAD.

CA Sanjiv Nanda
GST EXERCISE FOR EACH BUSINESS HEAD
1. Prepare a “TO-DO LIST” of the Areas that You feel will be
Impacted by GST in Your Industry/Business & Require
Urgent Attention :-
a) Business Model & Structure Changes required;
b) Product Price & Margin Changes ;
c) HR Training, Targets & KRAs Changes Required;
d) Cash Flow Requirements & Bank Loans, If Any;
e) Financial System & Data Changes Required;
f) ERP/ IT Changes Required;

 This Presentation is only for the Purposes of General
Information and Cannot be taken as an Expert Opinion on
any matters discussed Here-in.
 No Person or Business Entity shall be held responsible for
any losses occurring due to any interpretation done from
this presentation.
 If any certified Opinion or Interpretation is required then
personal interaction should be done after settling the fees
with the expert presenting this information.
 The Presentation is being done based only on the
information presently available in the public domain and
some information is still awaited from GST authorities.
DISCLAIMER ON GST INFO

Thanks For A Patient
CA. Sanjiv Nanda
Smarthead Consultants pvt. LtD.
NDR & Co. , Chartered Accountants
You Tube Channel :- Seek Expert Business Advice
Personal Id :- ca.sanjiv.nanda@gmail.com
Personal id ;- sanjiv.nanda@gmail.com
sanjiv.nanda@smartheadconsulting.com
https://www.youtube.com/channel/UCmmx2GFXeoF-DNtNjwnpYJA
https://www.facebook.com/ca.sanjivnanda919/

Part 13- GST - Assessment, Prosecution, Arrest & AMP; Advance Rulings

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Part 13- GST - Assessment, Prosecution, Arrest & AMP; Advance Rulings