[Opinion] An Analysis of Corrective Measures and Scrutiny of Returns | Section 61 vs. Section 39(9) and Scrutiny of Returns without Books of Accounts

CPA CA Rajesh Kumar Khandelwal & Veer Singh Verma – [2025] 170 taxmann.com 112 (Article)

In this article, we have analyzed the following two issues

1. Whether any discrepancies pointed out by the proper officer u/s 61 of CGST Act can be rectified beyond the period mentioned in section 39(9) of CGST Act 2017.
2. Whether any document can be demanded by issuing intimation in Form GST ASMT-10 u/s 61 of CGST Act 2017

1. Legal Provisions

Section 61. Scrutiny of returns.

(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.

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.

Whether any discrepancies pointed out by the proper officer u/s 61 of CGST Act can be rectified beyond the period mentioned in section 39(9) of CGST Act 2017.

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