9911796707
TMI BlogMechanism for providing evidence of compliance of conditions of Section 15(3)(b)(ii) of the WBGST Act, 2017 by the suppliers.X X X X Extracts X X X X X X X X Extracts X X X X ..... of clause (b)(ii) of sub-section (3) of section 15 of the West Bengal Goods and Services Tax Act, 2017 (hereinafter referred to as WBGST Act ), for reversal of the input tax credit attributable to the said discount by the recipient, is satisfied. Representations have been received from the trade and the field formations mentioning that there is presently no facility available to the supplier as well as the tax officers on the common portal to verify whether the input tax credit attributable to the said discount has been reversed by the recipient or not. Request has been made to provide a suitable mechanism for enabling the suppliers as well as tax officers to verify fulfilment of the condition of section 15(3)(b)(ii) of the WBGST Act regar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e (b) of sub-section (3) of section 15 of the WBGST Act are fulfilled. Such conditions inter alia include the requirement of reversal of input tax credit by the recipient attributable to the said discount. 2.3 However, there is no system functionality/ facility presently available on the common portal to enable the supplier or the tax officer to verify the compliance of the said condition of proportionate reversal of input tax credit by the recipient. 2.4 In view of the above, till the time a functionality/ facility is made available on the common portal to enable the suppliers as well as the tax officers to verify whether the input tax credit attributable to such discounts offered through tax credit notes has been reversed by the recipient ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e details mentioned in Para 2.5 above. 2.8 Such certificates issued by the CA/CMA or the undertakings/ certificates issued by the recipient of supply, as the case may be, shall be treated as a suitable and admissible evidence for the purpose of section 15(3)(b)(ii) of the WBGST Act, 2017. The supplier shall produce such certificates/undertakings before the tax officers, if required, during any proceedings such as scrutiny, audit, investigations, etc. Even for the past period, where ever any such evidence as per section 15(3)(b)(ii) of WBGST Act in respect of credit note issued by the supplier for post-sale discounts is required to be produced by him to the tax authorities, the concerned taxpayer may procure and provide such certificates iss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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