ASMT 10

Introduction

Form GST ASMT-10 is the notice issued under section 61 of CGST Act, 2017 read with Rule 99 of CGST Rules, 2017 for intimating discrepancies in GST returns filed by taxpayer and seeking explanation for same

Form GST ASMT-10 is the notice issued under section 61 of CGST Act, 2017 read with Rule 99 of CGST Rules, 2017 for intimating discrepancies in GST returns filed by taxpayer and seeking explanation for same.

1.      What is Form GST ASMT-10?

Form GST ASMT-10 is the notice issued under section 61 of the Central Goods and Service Tax Act, 2017 [herein after referred to as CGST Act”] read with Rule 99 of the Central Goods and Service Tax Rules, 2017 [“herein after referred to as “”CGST Rules”] for intimating discrepancies in the GST returns filed by the taxpayer and seeking explanation for same.

2.      What is provided in the provision of section 61 of the CGST Act and Rule 99 of the CGST Rule?

The provision of Section 61 of the CGST Act is reproduced below: “Section 61. (1) The proper officer may scrutinize the return and related particulars furnished by the registered person to verify the correctness of the return and inform him of the discrepancies noticed, if any, in such manner as may be prescribed and seek his explanation thereto. (2) In case the explanation is found acceptable, the registered person shall be informed accordingly and no further action shall be taken in this regard. (3) In case no satisfactory explanation is furnished within a period of thirty days of being informed by the proper officer or such further period as may be permitted by him or where the registered person, after accepting the discrepancies, fails to take the corrective measure in his return for the month in which the discrepancy is accepted, the proper officer may initiate appropriate action including those under section 65 or section 66 or section 67, or proceed to determine the tax and other dues under section 73 or section 74.” The Provision of Rule 99 of the CGST Rule is reproduced below: “Rule 99. Scrutiny of returns.- (1) Where any return furnished by a registered person is selected for scrutiny, the proper officer shall scrutinize the same in accordance with the provisions of section 61 with reference to the information available with him, and in case of any discrepancy, he shall issue a notice to the said person in FORM GST ASMT-10, informing him of such discrepancy and seeking his explanation thereto within such time, not exceeding thirty days from the date of service of the notice or such further period as may be permitted by him and also, where possible, quantifying the amount of tax, interest and any other amount payable in relation to such discrepancy. (2) The registered person may accept the discrepancy mentioned in the notice issued under sub-rule (1), and pay the tax, interest and any other amount arising from such discrepancy and inform the same or furnish an explanation for the discrepancy in FORM GST ASMT-11 to the proper officer. (3) Where the explanation furnished by the registered person or the information submitted under sub-rule (2) is found to be acceptable, the proper officer shall inform him accordingly in FORM GST ASMT-12.”

3. Steps to be taken in case of receipt of notice in GST Form ASMT-10?

A) Scenario 1 – The taxpayer does not agree with the discrepancies mentioned in GST Form ASMT-10 In this case the taxpayer shall file a reply in GST Form ASMT-11 explaining the reason for discrepancies. For example, if the taxpayer has received ASMT-10 intimating discrepancies between tax liability as per GSTR 1 and GSTR 3B. Wherein the tax liability reported in GSTR 1 is more than liability paid in GSTR 3B. The taxpayer shall identify the month in which there is difference between GSTR 1 and GSTR 3B, identify the invoices which are reported in GSTR 1and on which tax is not paid in GSTR 3B and explain the reason for the same. If the tax on the missing invoices have been paid subsequently then share the workings explaining the same.

 B) Scenario 2 – The taxpayer agrees with the discrepancies mentioned in GST Form ASMT-10 If the taxpayer accepts the discrepancies as mentioned in GST Form ASMT-10 then he shall pay the tax along with interest and penalty, if any, and inform the proper officer in Form GST ASMT-11.

4. Where to find notice in GST Form ASMT-10?  

Follow the following steps to download the GST Form ASMT-10:

I.                 Login to GST portal (https://services.gst.gov.in/services/login)

II.                 II. Go to “Services”

III.               III. Go to “User Services”

IV.              IV. Go to “View additional notices and orders”

 5. How to file a reply against ASMT-10?.

The taxpayer shall prepare reply in the attached form in (offline form) and follow the following steps:

I. Go to “View additional notices and orders”

II. Select the notice for which reply is to be file (in case of more than one notices)

III. Go to “Reply”

IV. Copy paste reply from the offline GST Form ASMT-11.

V. Attach the annexures (if any)

VI. File using DSC or EVC

Conclusion-  

Form GST ASMT-10 plays a crucial role in the GST compliance framework by alerting taxpayers to discrepancies in their returns and providing an opportunity to rectify or explain them. Understanding the process outlined in Section 61 of the CGST Act and Rule 99 of the CGST Rules is essential for taxpayers to effectively respond to such notices. Whether agreeing or disagreeing with the discrepancies mentioned, prompt action is necessary to maintain compliance and avoid potential penalties. By following the prescribed steps for filing replies and engaging with the proper officer, taxpayers can ensure smooth resolution of discrepancies and maintain their GST compliance record.

In the upcoming blog post, we'll delve into various day-to-day scenarios that taxpayers might encounter regarding discrepancies in their GST returns. For each scenario, we'll provide a comprehensive draft reply to guide taxpayers in responding effectively to Form GST ASMT-10 notices. This practical approach will empower taxpayers to navigate through different situations with clarity and confidence, ensuring compliance with GST regulations while addressing any concerns raised by tax authorities.

 Stay tuned for insightful insights and actionable advice tailored to real-world challenges faced by taxpayers in the GST regime.

Click To Download the Notice Reply Format