Certificate under the State Goods and Services Tax Act, 2017 and the Central Goods and Services Tax Act, 2017 in terms of Section 29(5) of the said Acts
M/s. (hereinafter referred to as the “Applicant’) is a registered person vide GSTIN………………….and is having its principal place of Business at__________ in the State of_______________.
The Applicant has the following additional places of business duly registered in the State of:
a.________
b.________
The principal place of business and the additional places of business in the State of____________ have been duly registered with effect from________
- The Applicant has been paying taxes u/s 9 of the CGST / SGST Acts,2017 w.e.f. up to. On the registration of Applicant has been cancelled under Section 29 of the CGST / SGST Acts, 2017.
- In terms of Section 29(5) of the CGST and SGST Acts, every registered person whose registration is cancelled shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock or capital goods or plant and machinery (as reduced by the prescribed percentage points) on the day immediately preceding the date of such cancellation or the output tax payable on such goods, whichever is higher under the CGST / SGST Acts,2017 i.e.
- We have examined the books of accounts and other relevant documents / records of the Applicant and on the basis of such examination & the information and explanation furnished to us, we hereby certify that, subject to our remarks / comments in para 6 infra, the Applicant is required to pay an amount of Rs______, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock where tax invoices are not available with it, on the day immediately preceding the date on which it’s registration has been cancelled under the CGST / SGST Acts, 2017.
4.The relevant details of inputs held in stock and inputs contained in semi-finished or finished goods held in stock as on(that is the day preceding the date on which registration of the Applicant under the CGST / SGST Acts, 2017 has been cancelled) where tax invoices are not available with Applicant and the corresponding input tax credit is provided as Appendix A.
5.Remarks / comments (Refer Para 4 supra):
- The description, value along with rate of GST of the inputs held in stock, inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date on which registration of the Applicant under the CGST / SGST Acts, 2017 has been cancelled i.e. _____, whose invoices are not available with Applicant, is based on the management certificate furnished to us on ______. According to the management certificate the value of inputs as such, semi-finished goods, finished goods and capital goods is an estimated price of such goods which is based on their prevailing market price as on_____
- These estimates have been worked on as per the requirement of Section 18(4) of SGST/CGST Acts, 2017 read with Rule 44(5) of CGST/SGST Rules, 2017 by the applicant and we have reviewed their assumptions and workings. Based on our examination of the evidence supporting the assumptions, nothing has come to our attention, which causes us to believe that assumptions do not provide a reasonable basis for the Estimate. Actual results are likely to be different from the estimate since anticipated events might not occur as expected and the variation might be material.
- The stocks have not been physically verified. Reliance has been placed on the declaration given by Applicant in respect of quantity of stocks held by it as on _____whose invoices are not available with it.
- The inputs contained in semi-finished or finished goods held in stock are based on the management certificate furnished to us on________ .
6.This certificate has been issued in terms of Section 29(5) of the SGST / CGST Acts, 2017 read with Rule 44 (5) of the CGST / SGST Rules, 2017.
For________________
Chartered Accountants
_____________________
PARTNER
Firm Registration Number:
Membership Number:
UDIN:
Appendix A
Appendix A to Certificate issued under the State Goods and Services Tax Act, 2017 (in short “SGST Act”) and the Central Goods and Services Tax Act, 2017 (in short “CGST Act”) in terms of section 18(4) of the said Acts
Summary of stock of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on which input tax credit is required to be paid under section 29(5)-whose invoices are not available
| Sr. No. | GSTIN/
Registration under CX/ VAT of supplier |
Description of input held in stock, input contained in semi- finished or finished goods held in stock, | (UQC) | Qty | Value*
(Based on prevailing Market Value) |
Amount of ITC claimed (Rs.) | ||||
| Central tax | State Tax | UT Tax | IGST | Cess | ||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
| Inputs held in Stock | ||||||||||
| Inputs contained in semi-finished or finished goods held in stock | ||||||||||
Check points for the Chartered Accountants –
- This certificate is required to be issued only if the tax invoices related to the inputs held in stock, inputs contained in semi-finished or finished goods held in stock and on capital goods are not available (Rule 44 (3) and Rule 44(5) of the CGST / SGST Rules, 2017). It may be noted that the above said Rule 44 (3) stipulates issuance of a Certificate only in cases of non-possession of invoices. The said Rule does not speak of issuance of Certificate if the registered person is in possession of the relevant tax invoices.
- Verify registration particulars with the Registration Certificate. Check whether declaration in Form GSTR10 is filed by the tax payer on GST portal declaring the above amounts in the respective columns.
iii. Check computation of input tax credit to be reversed by multiplying the effective rate of tax specified under Notification 1/2017-CT (Rate) dated 28.06.2017 as amended from time to time with the estimated value of inputs or input contained in semi-finished or finished goods.
- Ensure that the amount is determined separately for input tax credit of Central Tax, State Tax, Union Territory Tax and Integrated Tax and verified / reconciled with the ledger balances.
- In case there are stock-in-transits as on the specified date of eligibility of credits, appropriate treatment to be considered. (Note: Practical difficulty may arise to determine the credit amount and invoice-wise details of items consumed at WIP / semi-finished and finished goods stage. This may be computed by way of a fixed % and relevant assumptions / note may be included in the Certificate).
- Check reversal of credit in Electronic Credit Ledger and payment in Electronic Cash Ledger of the amount as specified in GSTR-10.
vii. This certificate is to be suitably modified wherever applicable. The names of the registered persons, dates, addresses etc. are only illustrative and needs to be modified in each case. Any resemblance to any person / place is purely unintentional.
viii. This certificate is to be issued in respect of a person whose registration has been cancelled under Section 29 of the CGST / SGST Acts, 2017.
- Ensure that the certificate issued is in accordance with the Guidance Note on Reports and Certificates for special purpose issued by the ICAI.
- Ensure that a letter of representation is taken from the management for the details and information provided by them.
Ensure that a declaration is taken from the Applicant with regard to non-availability of tax invoices and reasons for the same.
