Indore (Madhya Pradesh): Amit Dave, senior GST consultant has stated that the latest GST-related judicial decisions have provided a detailed and technical explanation of the judicial principles, procedures, and their practical implications. He emphasized that understanding the principles established by the courts is crucial in the constantly changing GST law.
Dave said it while addressing as key note speaker in a state-level workshop jointly organized by the CTPA and MPTLBA here on Saturday. Other speakers were tax consultant Ankur Agarwal and tax consultant Amar Maheshwari.
Dave cited important judicial decisions related to GST compliance, stating, ‘the Supreme Court's landmark decision of the VAT era clearly stated that if the transaction is genuine, ITC cannot be denied solely on the basis of non-payment of tax by the seller.
This principle applies equally to GST and strengthens the protection of bona fide taxpayers." In this context, he cited another important and recent decision of Allahabad High Court stating that the court made it clear that if the supplier's GST registration was valid on the date of the transaction and the supply is substantiated by actual documents, the buyer's ITC cannot be withheld even if the registration is subsequently cancelled. The court found the department's orders untenable and set aside them.
Tax consultant Amar Maheshwari in his address, drew participants' attention to several important points regarding GSTR-9. He highlighted the major amendments and portal updates made to the annual GST return compared to the previous year and explained that several improvements have been made to GSTR-9 for the financial year 2024-25.
tax consultant Ankur Agarwal elaborated the practical aspects of GST annual returns and GST audits, highlighting the most important points to keep in mind when filing returns. He also provided a checklist to minimize errors and double-check details.
If the GST annual return is filed correctly, it is a very effective system that allows for reconciliation of all transactions for the year. Sometimes, due to practical and business reasons, errors are made in the filing of monthly GST returns, which become the basis for departmental action. The annual return plays a crucial role in selecting cases for departmental audit and departmental action. Correcting these errors in the annual return can help avoid scrutiny notices, other departmental proceedings, interest, penalties, etc.
