Procedure of GST Litigation in India
As the Indian economy grows, the importance of tax compliance and management has only increased. However, with this growth, tax disputes and litigation are becoming more common. If you’re facing tax litigation, it’s important to understand the process and steps you can take to manage the situation effectively. GST is a comprehensive indirect tax levied on the manufacture, sale, and consumption of goods and services, and non-compliance can result in substantial penalties and interest charges. In this blog, we will provide a comprehensive guide to managing GST litigation in India, including the steps involved, the key players involved, and the common challenges faced by businesses. What is Tax Litigation in India? Tax litigation refers to the legal process that involves disputes between taxpayers and tax authorities over the interpretation, application, and enforcement of tax laws. Tax litigation typically involves the resolution of disputes arising from assessments, penalties, and other tax-related issues. GST litigation, specifically, refers to legal disputes that arise from the application of the Goods and Services Tax (GST) in India. GST is a consumption tax that is levied on the supply of goods and services in India. GST litigation may involve disputes over classification of goods and services, calculation of tax liability, application of GST exemptions and concessions, and other issues related to the administration of GST in India. Types of Tax Litigation The term ‘litigation’ is explained as the procedure of taking a matter in a court of law and taking legal action. Mainly, there are two types of tax litigation; Direct Tax litigation and Indirect Tax litigation The Litigation relating to GST falls under the category of “Indirect Tax litigation” in the country. Reasons for GST Litigation Different interpretation of Law: The GST Act is a complex piece of legislation, and its provisions are open to different interpretations. This leads to confusion and disagreement between taxpayers and tax authorities on the applicability of GST on various transactions. For example, there may be conflicting opinions on whether a particular supply of goods or services is exempt from GST or whether it attracts a higher rate of GST. This can result in disputes and litigations. Incorrect opinion: Taxpayers may receive incorrect opinions from tax consultants, which may result in non-compliance with GST laws. For example, a consultant may provide incorrect advice on the classification of goods or services, leading to incorrect GST returns being filed. In such cases, taxpayers may be penalised, and litigations may ensue. Mismatch in returns: In some cases, there may be a mismatch between the returns filed by taxpayers and the data available with the tax authorities. This can happen due to errors in data entry or misinterpretation of the GST laws. The tax authorities may initiate proceedings against taxpayers for non-compliance, leading to disputes and litigations. Judgement of Supreme Court: The Supreme Court of India has given several landmark judgements on GST, which have set the tone for GST litigation in the country. For example, the Supreme Court has ruled on the applicability of GST on works contracts and the scope of input tax credit. These judgements have significant implications for taxpayers and tax authorities, and their interpretation may lead to disputes and litigations. Circulars of CBIC: The Central Board of Indirect Taxes and Customs (CBIC) issues circulars to provide clarity on various provisions of the GST Act. In some cases, the circulars may not be clear enough, leading to confusion and disagreement on the interpretation of the law. For example, there may be conflicting opinions on the applicability of GST on discounts or rebates, leading to disputes and litigations. Amendment in Act – Retrospective: GST laws are subject to frequent amendments, and some of these amendments may have retrospective effects. This means that the changes in the law may apply to transactions that have already occurred. This can lead to disputes and litigations as taxpayers may not be aware of the changes in the law and may have taken incorrect positions in their GST returns. Types of Notices issued by the GST department Notices are issued by the GST department at various stages. Mainly these stages can be categorized into three parts: pre-litigation notices, notices during litigation, and other miscellaneous notices. The provisions that provide such notices have a combination of different sections by the help of which the authority clears such matters. They are listed as below; Pre-Litigation Notices: Following are the provisions that fall within the purview of Pre-Litigation Notices; Section 61: Scrutiny of Returns Section 65: Notice for Conducting Audit (by tax authorities) Section 66: Special Audit by Chartered Accountant (who is appointed by Tax authorities) Section 67: Inspection, Seizureand Search Section 70: Summons Notices during Litigation Section 73: Show Cause Notice under Normal Period for Demand. It can be issued within 33 months from the due date of the GSTR-9 Section 74: Show Cause Notice under Extended Period for Demand. It can be issued within 54 months from the due date of the GSTR-9 Section 76: Notice for the demand of collected Tax which is not deposited Other Notices (Miscellaneous) Section 79: Notice when there is an outstanding amount due to the default of a Vendor E-Way Bill Notices Investigations by CAG, Intelligence, Preventive or Anti-Evasion Stages of GST Litigation in India Audit and Assessment: The first stage of the GST litigation process is the audit and assessment of the details submitted by the taxpayer at the time of return filing. This involves a review of the taxpayer’s returns, invoices, and other relevant records. The tax authorities may also conduct an on-site inspection or GST departmental audit to verify the taxpayer’s compliance with the GST laws. After reviewing the records, the tax authorities may issue a Show Cause Notice if any discrepancies have been found. Objection: If the taxpayer disagrees with the assessment or audit, they have the right to file an objection with the tax authorities within the prescribed time limit (mostly 7 to 30 days) of the assessment. This must be done in writing, and the taxpayer must provide a detailed explanation of the grounds for the objection. Adjudication: If the objection is not resolved, the matter will be referred to the Adjudicating Authority for a final decision.
Procedure of GST Litigation in India Read More »