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GST impact on Excess Stocks Account booking(Physical stock is excess then books)

Prem Choudhary

Dear Expert

please advice gst impact on following query:-

In physical verification of stock(Raw materials) it was found that the physical is excess over books. please advice on:-

1. if excess stock account for in books, what are consequences in GST ? and

2. if supply of stock was made from sister Concern unit then, GST consequences ?

Discussion on GST Stock Discrepancies: Experts Warn of Penalties Under Sections 56, 57, 125, and 122 of CGST Act A forum discussion addresses the GST implications of excess physical stock compared to book records. An expert highlights that improper record maintenance can lead to penalties under Sections 56, 57, 125, and 122 of the CGST Act. Another participant argues that discrepancies are due to ongoing consumption and normal loss, asserting that records are maintained in SAP. Despite this, the expert insists on the importance of rectifying errors to avoid penalties, even if there's no revenue loss. Another contributor warns that discrepancies could prompt deeper scrutiny by authorities, emphasizing the need for reconciliation to comply with GST laws. (AI Summary)
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KASTURI SETHI on Feb 12, 2020

An assessee is required to maintain proper record of raw material and finished goods under Sections 56 and 57 of CGST Act. If not maintained properly,

(i) Penalty of ₹ 25,000/- is imposable under Section 125 of CGST Act.

(ii) Penalty of ₹ 10000/- under Section 122 (xvi) of CGST Act.

Also see Board's Flyer No.14 dated 1.1.18.

You know tax is on 'supply' of goods (finished). Actually no evasion of GST takes place by way of improper maintenance of records of goods and raw material. But it is a very serious lapse and will invite penalty. Such lapse cannot be taken lightly.

Prem Choudhary on Feb 12, 2020

Sir

This is not serious lapses, since the stock (purchase) and consumptions are continuing activities 24 X7 and it is properly maintained in SAP . However the gap is arising due to consumption and normal loss booking.

and Management has carried Physical verification and found excess stock over books. hence same will be accounted in books.

KASTURI SETHI on Feb 12, 2020

Dear Querist,

You may or may not agree. It is your prerogative. I have explained the legal aspect. If you rectify your error before it is detected by the department, it is O.K. What I want to say that Govt. has made provision for imposition of penalty on account of procedural lapse also. It is not in dispute that in this scenario there is no loss of revenue to Govt.

Ganeshan Kalyani on Feb 14, 2020

The difference will create doubts in the mind of the officer. He may dive deep in the accounting and physical existence of the goods. Actually both physical stock and books stock should be same. It cannot be different.

Sri Kasturi Sir mentioned the Penalty of CGST Act. Equal penalty is there in SGST Act as well. General Penalty can anyway be applied for contravention of any provision of GST provision.

YAGAY andSUN on Jun 1, 2020

Any non compliance under the provisions of GST Laws will attract penal actions. Therefore, it is required to have books of accounts reconciled as per the requirement of GST Laws, Income Tax Act and Company Laws.

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