Guidelines for recovery proceedings under the provisions of section 79 of the Assam GST Act, 2017 in cases covered under explanation to sub-section (12) of section 75 of the Assam GST Act, 2017
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Self-assessed tax recovery under GST requires notice and explanation before section 79 proceedings for GSTR-1 and GSTR-3B mismatches. Recovery under section 79 applies to self-assessed tax remaining unpaid under a return furnished under section 39, including tax on outward supplies declared in GSTR-1 but not included in GSTR-3B, together with unpaid interest. Where a genuine mismatch arises between GSTR-1 and GSTR-3B, the registered person should be given an opportunity to explain the discrepancy or pay the amount within the time specified. Recovery may proceed only if the person fails to respond, fails to pay, or fails to satisfactorily explain the short payment or non-payment.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Self-assessed tax recovery under GST requires notice and explanation before section 79 proceedings for GSTR-1 and GSTR-3B mismatches.
Recovery under section 79 applies to self-assessed tax remaining unpaid under a return furnished under section 39, including tax on outward supplies declared in GSTR-1 but not included in GSTR-3B, together with unpaid interest. Where a genuine mismatch arises between GSTR-1 and GSTR-3B, the registered person should be given an opportunity to explain the discrepancy or pay the amount within the time specified. Recovery may proceed only if the person fails to respond, fails to pay, or fails to satisfactorily explain the short payment or non-payment.
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