Goods and services tax (GST)
officers sent notices to hundreds of companies across Gurugram, Mumbai
and Bengaluru on Friday, demanding they reply with exhaustive lists of
documents within hours.
The notices sent to firms including Google India, Honeywell
International, DLF City Centre, Panasonic, Hitachi Zochen, Yamaha Music
India, Suzuki Motorcycles, leading banks and insurance companies, among
others, pertain to transitional credit claimed for pre-GST stocks.
The notice, reviewed by Business Standard, said: "…Your
organisation has been marked for preliminary verification…in order to
ascertain the correctness of Transitional Cenvat Credit…you are
requested to submit the documents on priority by today (Friday) evening
positively."
The drive — labelled unrealistic by tax consultants — comes amid
slowing revenue collections and significantly high transitional credit claims worth
Rs 1.3 trillion. The impromptu verification of documents and related
information follows directive from the Central Board of Excise and
Customs to tax officers to verify claims of credit over Rs 10 million.
The dealers who received the notices are being asked to submit this
information amidst numerous statutory return filings in the months of
December and January.
The tax officers have, however, claimed the deadline to send the
replies by Friday evening was not strict, and attributed the drive to
subdued GST collections.
They said about 2,000 companies were taking 90 per cent of input credit
and, hence, the focus was on them. Claims could be higher due to
duplication, because the companies were registered at one place earlier
for the purpose of paying central excise but were now filing returns in
each state, they added.
The documentation requirement includes ’Central Excise Return’ Forms 1, 2 and 3 for January-June 2017, service tax return for October 16-June 17, calculation sheet for credit availed in TRAN-1 application and GST Electronic Credit Ledger. In addition, it has asked for a statement of inputs, work in progress, and finished goods.
"While the scrutiny of transition credits may be required in some
cases, businesses should be given adequate time to respond with details.
Some of the details being sought by the tax authorities will need to be
worked out with relevant details and, hence, it would be better if only
relevant details are sought from only those taxpayers who have availed
excessive credits during transition," said M S Mani, partner, Deloitte
India.
Revenue collections touched the lowest in November at Rs 808 billion,
substantially lower than the government’s expectation of Rs 920 billion
each month. Finance Secretary Hasmukh Adhia took a meeting of centre and
states officers last month to review the revenue position and to do an
analysis for the first five months since the implementation of the new
tax regime viz-a-viz last year.
"What is unprecedented is that such notices are being issued to all and
sundry, irrespective of any evidence of incorrect filing. It appears
that most of the dealers have been selected on an arbitrary basis and
issued with notices to submit an exhaustive set of documents," said
Harpreet Singh, partner-indirect taxes, KPMG.
The GST Council
had allowed companies to claim 100 per cent input tax credit by
uploading excise payment invoices for the period before July 1. In case
of unavailability of invoices, the Council had allowed 40 per cent input
tax credit through TRAN-2. In fact, the limit on input tax credit was
raised to 60 per cent from 40 per cent of GST liability
on items with tax rate above 18 per cent in the June 4 meeting.
Besides, the entire 100 per cent input tax credit could be claimed on
high-value items above Rs 25,000 with a chassis number.
Tax experts said such notices are issued to curb malpractices of those
dealers that have transferred unlawful transitional credits. "However,
the authorities have not been considerate to understand the time that
would be required to collate details like working sheet for credit
availed, source documents or invoices for the same, statement in respect
of inputs, work in progress and finished goods for the period," a tax
consultant, several of whose clients have got such notices, said.
Singh said such a step by the tax authorities to augment revenue would
definitely not help in building an environment of trust. "It does not
augur well for the government’s image of creating a tax-friendly
environment," he added.