Presumption as to documents under Revised Model draft GST Law

The revised model draft GST law introduces a new provision on the presumption as to documents. This provision can have a significant impact on the way small and medium businesses and startup founders operate in India, as it could change the way they handle their documentation and record-keeping.

What is the presumption as to documents?

The provision on the presumption as to documents under the revised model draft GST law establishes a legal presumption that certain documents will be accepted as evidence without the need for further proof. Specifically, the provision states that:

Any document which is produced by any person under this Act or any other law for the time being in force or under any contract, shall be admissible in any proceeding as evidence.

This means that if a person produces a document in accordance with the GST law, or any other law or contract, that document will be accepted as evidence without the need for further proof.

What documents are covered by the presumption?

The provision on the presumption as to documents applies to any document produced by any person under the GST law, or any other law or contract. This includes:

GST returns
Invoices
Purchase orders
Delivery challans
Payment vouchers
Receipt vouchers
Any other document required to be maintained under the GST law

It is important to note that the presumption only applies to documents that are produced in accordance with the law or contract. If a document is not produced in accordance with the law or contract, it will not be covered by the presumption and may require further proof.

What is the impact of the provision on small and medium businesses and startup founders?

The provision on the presumption as to documents could have a significant impact on the way small and medium businesses and startup founders operate in India. By establishing a legal presumption that certain documents will be accepted as evidence without the need for further proof, the provision could simplify the documentation and record-keeping requirements for these entities.

However, it is important to note that the presumption only applies to documents that are produced in accordance with the law or contract. Small and medium businesses and startup founders will still need to ensure that they are complying with the GST law and any other laws or contracts that require them to maintain documentation.

Conclusion

The provision on the presumption as to documents under the revised model draft GST law could have a significant impact on the way small and medium businesses and startup founders operate in India. By establishing a legal presumption that certain documents will be accepted as evidence without the need for further proof, the provision could simplify the documentation and record-keeping requirements for these entities. However, it is important to note that the presumption only applies to documents that are produced in accordance with the law or contract.