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GST Due Diligence
Overview
GST Due Diligence is a critical process conducted to assess a business’s compliance with the Goods and Services Tax (GST) regime. It ensures the company adheres to all legal requirements, correctly discloses tax liabilities, and is free from potential tax exposures or legal complications.
This service is particularly essential during Mergers & Acquisitions, business restructuring, fund-raising, internal audits, or even for routine compliance health checks. A well-conducted GST due diligence mitigates risks and enhances transparency in financial reporting.
Why GST Due Diligence Matters
Helps detect past and ongoing non-compliances.
Avoids future litigation or penalties from tax authorities.
Supports decision-making for investors, buyers, or lenders.
Builds confidence in financial and tax records.
Ensures alignment with CBIC regulations, GST Council updates, and industry norms.
Steps Involved in GST Due Diligence
- Preliminary Review
- Documentation Assessment
- Input Tax Credit (ITC) Verification
- Output Tax Liability Review
- E-Invoicing & E-Way Bill Compliance
- Reconciliation & Red Flags
- Litigation & Notices Check
Requirements for GST Due Diligence
GST Registration Details (PAN-based registration, multi-state).
Monthly/quarterly filed GSTR-1, GSTR-3B, GSTR-9/9C.
Books of accounts – ledgers, purchase and sales registers.
Input Tax Credit reconciliation.
Invoice samples (B2B, B2C, exports, RCM).
E-Way Bill and E-Invoice data (if applicable).
Any pending SCNs, orders, audit letters from the GST department.
Agreements with vendors or clients where GST treatment is critical.
Special Considerations (As Per FY 2024-25 Amendments)
1. Sector-Specific Risks
Different sectors (like real estate, e-commerce, manufacturing, pharma) have unique GST treatment. Diligence must be tailored accordingly.
2. Cross-State Operations
Businesses operating across multiple states need verification of compliance under multiple GSTINs, including branch transfers (Schedule I supplies).
3. Reverse Charge Mechanism (RCM)
Evaluate applicability and correct payment under RCM for services like freight, import of services, legal, etc.
4. ITC Blocking Rules & Time Limitations
Ensure no claim is made for ineligible credit (Section 17(5)), and credit is claimed within time limits under Section 16(4).
5. Interest & Penalty Exposure
Calculate interest payable on delayed tax payments or ITC reversals. Assess the quantum of late fees or penal exposure.
6. Anti-Profiteering
In M&A transactions, be alert to any price reductions not passed on to consumers—especially post rate changes.
Frequently Asked Questions
An audit ensures financial transparency, regulatory compliance, and accurate financial reporting. It also helps in risk management and enhances investor confidence.
An internal audit is conducted voluntarily to improve internal controls and operational efficiency, while a statutory audit is legally mandated to ensure compliance with financial regulations.
Businesses and professionals whose turnover or receipts exceed specified thresholds under the Income Tax Act must undergo a tax audit.
Financial statements, bank statements, invoices, ledgers, tax filings, and other relevant financial documents are necessary for a statutory audit.
A stock audit should be conducted at least once a year to reconcile physical stock with accounting records and prevent discrepancies.
GST due diligence is a comprehensive review of a company’s GST compliance, ensuring accuracy in tax filings and adherence to GST laws to avoid penalties.
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