Tax officials under GST are now authorized to directly pursue recovery actions against businesses that report higher sales in their monthly GSTR-1 statements but declare lower sales when remitting tax via GSTR-3B. Through Section 114 of the Finance Act, 2021, an explanation was added to Section 75(12) of the Central Goods and Services Tax Act, 2017, to facilitate the collection of self-assessed tax. This measure aims to combat fraudulent billing practices where suppliers inflate sales in their GSTR-1 to allow buyers to claim increased input tax credit (ITC), while simultaneously under-reporting sales in their GSTR-3B to reduce their GST tax obligations. Consequently, businesses must ensure consistency between their GSTR -3B and GSTR-1 filings, as significant discrepancies will no longer be tolerated.

Understanding the Recovery Process for GSTR-1 and GSTR-3B Mismatches

To begin, it is important to understand the provisions of Section 75(12) of the CGST Act, 2017. This section mandates the initiation of recovery proceedings for any unpaid self-assessed tax based on returns filed under Section 39. The recently added explanation clarifies that 'self-assessed tax' specifically includes the GST due on outward supplies that are reported in GSTR-1 but are not subsequently included in the taxpayer's GSTR-3B return. Consequently, under Section 75, any outstanding self-assessed tax can be recovered without prior issuance of a show-cause notice, enabling direct initiation of recovery procedures under Section 79.

The GST authorities are empowered to commence recovery actions in scenarios such as:

• When the GST liability reported in GSTR-1 has not been fully or partially settled via GSTR-3B.
• When there is outstanding interest associated with the aforementioned unpaid GST tax liability.

In these instances, the unpaid self-assessed tax amount and its accrued interest will be collected by tax officials under Section 79.

However, genuine reasons may account for disparities between GSTR-1 and GSTR-3B outward supply details. These include:

• Omissions, typographical mistakes, or incorrect reporting in either GSTR-1 or GSTR-3B, which can be corrected in subsequent monthly filings.
• A supply that was not declared in a prior GSTR-1 period, despite the GST being correctly paid through GSTR-3B. Such details can be reported in the current period's GSTR-1.

The Central Board of Indirect Taxes and Customs (CBIC) has indicated that businesses with such discrepancies will be given a reasonable timeframe to explain the reasons for differences in reported sales (GSTR-1) and tax paid (GSTR-3B) before any recovery actions are taken for non-payment or underpayment of taxes.

Stages of Tax Recovery by the GST Department

The recovery process by the GST department typically involves several stages:

• The designated officer may issue a communication to the registered individual, requesting either the payment of underpaid or unpaid tax, or an explanation for the discrepancy in self-assessed tax.
• A reasonable period will be granted for the taxpayer to settle the outstanding tax.
• If the taxpayer successfully explains or justifies the variances, or if the tax official is not satisfied with the explanation but the taxpayer pays the outstanding amount, then there may be no necessity to commence recovery proceedings under Section 79.
• Conversely, if the taxpayer fails to respond to the communication or does not make the required payment within the stipulated timeframe, the proper officer may then initiate recovery proceedings as per Section 79.
• Furthermore, if the taxpayer provides no explanation for the sales discrepancy, or if the tax official deems the provided explanation unsatisfactory, recovery of the tax liability will be pursued by the officer according to Section 79 provisions.