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Updated on Posted byArpit KulshresthaPosted inIncome Tax News for Taxpayer, Taxes in India 8 Minutes Read
In the current times, Clause 44 of 3CD become the ‘Buzz word’ for every professional. People are giving their views recognizing the aspect of reconciliation with indirect tax records.
Form 3CD of Tax Audit Report (TAR) was revised in July 2018 via Notification No. 33/2018 on 20.07.2018 to include Clause 44 on reporting of GST transactions as under.
Listed below are the expense breakdowns for entities enrolled or not enrolled under GST:
S.N. | The total amount of Expenditure incurred during the year | Expenditure in respect of entities registered under GST | Expenditure relating to entities not registered under GST | |||
---|---|---|---|---|---|---|
Relating to goods or services exempt from GST | Relating to entities falling under the composition scheme | Relating to other registered entities | Total payment to registered entities | |||
(1) | (2) | (3) | (4) | (5) | (6) | (7) |
Brief Analysis of Clause 44 for Tax Audit Reporting
- Irrespective of whether a taxpayer is enrolled under Goods and Service Tax or not the same clause would be needed to be reported by all the reporting taxpayers.
- It needs to report the total amount of expenditure made in the former year i.e the revenue expenditure and the capital expenditure.
- Depreciation under section 32, the deduction for bad debts u/s 36(1)(vii), etc. which are not expenses must not be reported beneath the same clause in any of the Columns from 3 to 7.
- Schedule III to the CGST Act, 2017 has the list of activities or transactions that are treated neither as a supply of goods nor a supply of services, and hence the expenditure made for the activities is not required to be notified beneath the same clause in any of the columns from 3 to 7 For instance, Para (1) of the Schedule III covers “Services by an employee to the employer in the course of or in relation to his employment” and therefore there is no need to report the remuneration to employees.
- The amount of expenditures is needed to be separated into distinct parts mentioned in columns (3) to column (7) of the table of clause 44.
- Columns (3) to (6) need to report the total expenditure as reported in column (2) is attributed to GST-registered entities (i.e. procurement from registered vendors beneath GST precisely taken through GSTR-2A or GSTR 2B) and column (7) mandates to report the total expenditure as reported in column (2) is attributed for the entities unregistered with GST (i.e. procurements from unregistered vendors under GST).
- The same report might be made for the entity as a whole that might get audited and as per the details in the same columns might need to get furnished via reducing the expenditure made beneath different GST registrations.
S.N. | Particulars | Analysis |
---|---|---|
1 | Sr.No. |
|
2 | The total amount of Expenditure made in the year |
|
3 | Expenditure for entities registered under GST concerning goods or services exempt from GST |
|
4 | Expenditure for entities enrolled beneath GST concerned the entities that come beneath the composition scheme. |
|
5 | Expenditure for the entities enrolled beneath GST concerning the additional enrolled entities. |
|
6 | Expenditure for entities registered under GST Total payment to registered entities |
|
7 | Expenditure concerned entities not registered under GST |
|
More Analysis for Specific Transactions
S.N. | Transactions | Analysis |
---|---|---|
1 | Stock transfers, Cross Charge or Credit distributed through ISD |
|
2 | Material cost consumed specified in financials |
|
3 | The expenditure upon which the ITC would not get claimed under GST law or through the assessees |
|
4 | Information of expenditure concerned the goods or services which come beneath the composition scheme |
|
5 | Import of Goods on which IGST is chargeable |
|
6 | Import of Services on which recipient is needed to file GST beneath RCM |
|
- A reporting need in clause 44 needed the compilation along with the arrangement of the bigger information. Acknowledging its introduction and no extension stand of CBDT directed to higher efforts to the tax auditors and the taxpayers, if the accounting systems of the assessee were not made in this way.
- Clause 44 has started to ensure that the information could be used via the GST Department. On the grounds of the reporting beneath the income tax act, the expenses could not be disallowed.
- Beneath the name of mitigation of accomplishing business, GST audit has been removed and again by clause 44 (“Formula 44”) imposes other obligations on the tax auditor and assessee to think prior to placing the information beneath the same clause acknowledging the information availability, its reconciliation with the outer reports, and its importance in the future.
Disclaimer:- "All the information given is from credible and authentic resources and has been published after moderation. Any change in detail or information other than fact must be considered a human error. The blog we write is to provide updated information. You can raise any query on matters related to blog content. Also, note that we don’t provide any type of consultancy so we are sorry for being unable to reply to consultancy queries. Also, we do mention that our replies are solely on a practical basis and we advise you to cross verify with professional authorities for a fact check."
Published by Arpit Kulshrestha
Arpit Kulshrestha seeks higher interests in financial services, taxation, GST, I-T, etc. Writes articles with depth knowledge and is extensive for the same. The resources provide effective articles for the products of SAG infotech which provides taxation and IT software. Writing from observations and researching makes his articles virtuous.View more posts
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