New
February 23, 2023
By
Prerna

Pre Consultation Notice in GST Regime

GST, which was implemented in India on July 1, 2017, has brought about a significant change in the taxation system of the country. It is a comprehensive indirect tax levied on the manufacture, sale, and consumption of goods and services throughout India. GST has replaced multiple indirect taxes like service tax, central excise duty, VAT, entry tax, etc.

One of the significant changes brought by GST is the introduction of the pre-consultation notice. A pre-consultation notice is a notice that is issued by the GST authority before initiating any assessment or audit proceedings. The main objective of the pre-consultation notice is to provide an opportunity to the taxpayer to present their views or provide any additional information if they so desire.

Who is issued a pre-consultation notice?

A pre-consultation notice is issued to taxpayers under different circumstances. Some of the situations in which a taxpayer may receive a pre-consultation notice are:

1. When the officer deems it necessary to conduct an enquiry or audit in the case of a taxable person.

2. When the officer has information relating to the tax liability of a person which has not been disclosed or is incorrect.

3. When a taxpayer has claimed input tax credit or refund, which the officer deems to be incorrect.

4. When a taxpayer has applied for the cancellation of the GST registration, and the officer has reasons to believe that such person is liable to pay any tax or penalty.

What is the procedure to respond to a pre-consultation notice?

When a taxpayer receives a pre-consultation notice, they can respond to it either in writing or in person. The response should be given within a period of seven days from the date of receipt of the notice. The taxpayer can also request for an extension of the time limit, which can be granted by the officer if the reason for the delay is genuine.

The response should contain all the necessary details and documents supporting the taxpayer's claim. The taxpayer should also provide an explanation for any discrepancy or incorrect information found in the notice. The officer may also ask for additional details or documents if they find the response inadequate.

What happens if the taxpayer fails to respond to the pre-consultation notice?

If a taxpayer fails to respond to the pre-consultation notice, the officer may proceed with the assessment or audit proceedings based on the information available with them. The officer may also impose a penalty on the taxpayer for non-compliance.

Conclusion

Pre-consultation notice is an essential aspect of the GST regime. It provides an opportunity for the taxpayer to present their views and provide additional information before the assessment or audit proceedings. It is advisable for the taxpayer to respond to the notice within the stipulated time limit and provide all the necessary details and documents to avoid any penalty or non-compliance.

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