Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 14-10-2016 Last Replied Date:- 18-7-2017 – Section 34(1) of the model Goods and Services Tax Act, 2016 ( Act for short) provides that the appropriate Government may prescribe the manner of approval of Tax Return preparers, their eligibility conditions, duties and obligations as may be relevant for their functioning as a Tax Return Preparer. Eligibility Any person may act as a Tax Return Preparer under this Act if he satisfies any of conditions below- He is a citizen of India; He is a person of sound mind; He is not adjudicated as insolvent; He has not been convicted by a competent court for an offence with an imprisonment not less than two years; and He is a retired officer of- the Commercial Tax Department of any State Government; or the Central Board of Excise and Customs; Department of Revenue, Government of India, who, during his service under the Government had worked in a post not lower in rank than that of a Gro
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
as Tax Return Preparer may made an application to the officer authorized in this behalf for enrolment as Tax Return Preparer in Form No. GST TRP – 1. On receipt of such application, the authorized officer shall, after making required inquiries as he considers necessary, either enroll the applicant as a Tax Return Preparer and issue a certificate in Form No. GST TRP – 2 or reject his application if he found that the applicant is not qualified to be enrolled as a Tax Return Preparer. Validity The enrolment as Tax Return Preparer shall be valid until it is cancelled. Disqualification If any Tax Return Preparer is found guilty of misconduct in connection with any proceeding under the Act, the Authorized Officer may, by order, direct that he shall be disqualified. The said order is to be made in Form GST TRP – 4. Before passing order, the Tax Return Preparer shall be given an opportunity of being heard by giving him a show cause notice in Form GST TRP – 4. Appeal Any person, against whom a
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
confirmation shall be sought from the taxable person over email or SMS. The statement furnished by the Tax Return Preparer shall be made available to the taxable person on the Common Portal. Where the taxable person fails to respond to the request for confirmation till the date of furnishing of such statement, it shall be deemed that he has confirmed the statements furnished by the Tax Return Preparer. Section 34(3) of the Act provides that the responsibility for correctness of any particulars furnished in the return and/or other details filed by the Tax Return Preparer shall continue to rest with the registered taxable person on whose behalf such return and details are filed. Activities of Tax Return Preparer A Tax Return Preparer can undertake any or all of the following activities on behalf of a taxable person, if so authorized by the taxable person to- furnish details of outward and inward supplies; furnish monthly, quarterly, annual or final return; make payments for credit into
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
taxable person in Form No. GST TRP – 6. – Reply By Ganeshan Kalyani – The Reply = The responsibility of tax return preparer is NIL. The dealers shall not have much knowledge about the details that are required to show in the return. In such cases if tax return preparer does not advises or just uploads the details as received from dealers then the return would be incomple and the responsibility is upon the assessee. Thus in my view the tax return preparer should in addition to filing rreturn also advise the dealer to provide correct and complete details. – Reply By Pradeep Kumar – The Reply = Dear experts,What would be the fate of present tax practitioners once GST rolls out? Should they take new registration under GST or is there any provision to continue as TRP under GST Law? Please explain – Reply By Saurabh Rairikar – The Reply = @ Ganeshan Kalyani sir, I do believe in genuineness of your concern for the assessed. However, the tax return preparer as the name itself suggests is not
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
here should the TRP should be registered? Is it announced? – Reply By Khagendranath Mahato – The Reply = I think responsibility of TRP is automatically assocoated with his authorisation, otherwise he has to take the risk of getting unauthorised. – Reply By Ganeshan Kalyani – The Reply = Thanks Saurabh Rairikar Ji. One more question, whether the tax return preparer will get paid by the tax authority or from the dealers whose return he/she would be filing. – Reply By kishore chennu – The Reply = Assessee will pay the TRP not the Tax authority. – Reply By Ganeshan Kalyani – The Reply = Then the fees structure may vary depend upon the assessee and trp – Reply By Sonali Sharma – The Reply = Please enlighten abt whether TRP Scehem is operational now. And who are the authorized officers of the GST to receive TRP-1? Thanks. – Reply By KEMPAYYA BELLANKIMATH – The Reply = What would be the fate of present tax practitioners once GST rolls out? Should they take new registration under GST or is the
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =