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Penal Offences Covered Under IPC Maybe Removed From GST Law: Report

The proposal, is expected to be considered in the next meeting of the GST Council, making it part of the exercise to decriminalise GST law


The government is planning to cut the penal offences already covered under the Indian Penal Code (IPC) from the purview of GST Act in order to make it more taxpayer-friendly, said an official.

The proposal, is expected to be considered in the next meeting of the GST Council, making it part of the exercise to decriminalise GST law.

Once it receives the essence of GST Council, the Finance Ministry will propose the amendments to the GST law.

 This may be discussed in the upcoming winter session of Parliament, in the next month.
According to the official, the changes in Section 132 has finalised by the GST Act Law committee as part of the exercise to decriminalise the law.

The offences on similar lines covered under the Indian Penal Code would be removed from GST law, the official added.

The amendments would be placed before the GST Council for approval. Thereafter, it would go to Parliament for effecting changes in the GST Act.

After the proposal receives approval from the Parliament, states would be required to change their state GST laws.

The offences like primarily fake billing may become a part of the decriminalisation exercise, according to tax experts. Also, supplies of goods or services or both without proper invoices and issues of invoices or bills without a supply of goods, may form part of the same.
The act of availing input tax credit (ITC) by using fake invoices too could be covered under the offences laid in the IPC.

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Document and forms for claiming ITC under GST

Following documents would be required by each applicant who wants to claim ITC under, GST:

👍An invoice issued by the supplier for the supply of goods and services or both as per the GST law.

😳The eligible ITC must appear in the GSTR-2B of the recipient or buyer.

😳The debit note issued by the supplier to the recipient in case of taxable value or tax payable mentioned in the invoice is less than the taxable value or tax payable on such supply of goods and services or both.

❤️‍🔥Bill of entry

🥎An invoice issued under certain circumstances like the bill of supply issued instead of tax invoice if the amount is less than Rs 200 or in situations where the reverse charge is applicable as per GST law.

⚽️ An invoice or credit note to be issued by the Input Service Distributor(ISD) as per the invoice rules under GST.

🍎 A bill of supply issued by the supplier of goods and services or both as per the invoice rules under GST

😇All the above applicable documents prepared as per the invoice rules under GST are to furnished at the time of filing form GSTR-2.

 😞ITC cannot be claimed on the tax paid on goods and services or both due to an order for the demand raised due to any fraud, willful misstatement or suppression of facts.

Input Tax Credit’ or ‘ITC’ means the Goods and Services Tax (GST) paid by a taxable person on any purchase of goods and/or services that are used or will be used for business. 

Central Govt Releases Rs. 17,000 Crore Of GST Compensation To States/UTs

The Central Government released an amount of Rs. 17,000 crore to States/UTs on 24.11.2022 towards the balance GST compensation for the period April to June, 2022.
The total amount of compensation released to the States/UTs so far, including the aforesaid amount, during the year 2022-23 is Rs.1,15,662 crore.

This is despite the fact that total Cess collection till October, 2022 is only Rs.72,147 crore and the balance of Rs. 43,515 crore is being released by the Centre from its own resources. With this release, the Centre has released, in advance, the entire amount of Cess estimated to be collected this year till March-end available for payment of compensation to States.
This decision was taken to assist the States in managing their resources and ensuring that their programmes especially the expenditure on capital is carried out successfully during the financial year.

Even in May this year, the Central Government had released Rs. 86,912 crore as provisional GST compensation to States for the period Feb-May'2022 despite the fact that there was only about Rs. 25,000 crore in the GST Compensation Fund, by making arrangement of funds of around Rs. 62,000 crore from its own resources.