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Entries reflected in GSTR-2A lead to Income Tax Demands

Vivek Jalan
GSTR-2A entries can trigger income tax demands due to inter-department data sharing and auto-populated mismatches. Entries appearing in GSTR-2A but absent from a taxpayer's purchase records can prompt allegations of suppression of turnover and lead to income tax scrutiny via inter-departmental data sharing. Auto-populated GSTR-2A data and mismatches with GSTR-3B may generate parallel GST and income tax demands. Professional certificates or denials that do not dispute the factual presence of transactions in GSTR-2A are unlikely to avert income tax action, and uncrystallised GST demands may nevertheless precipitate income tax proceedings. (AI Summary)

We have witnessed various disputes under GST on account of GSTR-2A Vs GSTR 3B mismatches wherein the ITC claimed in GSTR 3B does not appear in GSTR 2A. However, there is a reverse twist to the case also. In case certain transactions appear in the GSTR-2A but are not taken in the purchases, then there may be an allegation of suppression of turnover. Further it may also lead to a dispute in Income Tax also.

As we know that Data sharing between GST department and Income Tax is now the order of the day. Admitted/demanded tax in one statue would lead to a demand in another. One must also be careful of auto-populated data and corresponding demands in one law as this may lead to demand in another law also. We know that under GST, demands are raised for fake invoices when the allegation may be that the recipient of goods or services are beneficiaries and master minds of transactions. The said demand is for the mischief of receipt of invoices without corresponding supply of goods/services. Now, many a times it is seen that the transaction appeared in the GSTR-2A and even though the ITC may not be availed, even then allegations are raised by The GST Department for suppression of turnover.

Denial of such allegations as well as certificates from professionals would not suffice until and unless one has disputed the fact of the transactions appearing in GSTR - 2A itself. Further even though there may be an uncrystallised demand in GST, the matter can still be opened in Income Tax also.

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