Library / Income-tax Act, 2025: The Professional's Master Guide

28. Income Tax and GST

Income tax and GST are separate laws, but they meet in many places. Mismatches between the two are a common trigger for notices, because the department now receives GST data in the AIS.

28.1 Where the two laws interact

Area

Income tax treatment

Input tax credit (ITC) on capital goods

If ITC is claimed, GST is not part of the actual cost for depreciation; if ITC is not available, GST is added to cost

ITC on expenses

Where ITC is available, only the net amount is an expense; blocked ITC (for example, on some motor vehicles) is part of the expense or cost

GST liability

Allowed on payment basis under section 37 if routed through the profit and loss account; most businesses follow the exclusive method (GST not in P&L)

Interest on late GST payment

Compensatory, generally allowed as a business expense

GST penalties

Disallowed if for infringement of law

TDS on invoices with GST

TDS generally on the amount excluding GST when shown separately

Turnover for tax audit and presumptive limits

Usually excludes GST under the exclusive method; be consistent

28.2 GST and income tax turnover reconciliation

Illustration 104: Reconciliation

A company's turnover in the books is Rs. 48.6 crore, while its GST returns (GSTR-3B) show taxable and exempt supplies of Rs. 50.1 crore.

Turnover as per books

48,60,00,000

Add: stock transfers to branches in other states (GST supplies, not sales in books)

1,20,00,000

Add: sale of old fixed assets (GST supply, not revenue in books)

15,00,000

Add: advance received on which GST was paid, revenue not yet recognised

25,00,000

Less: credit notes issued after the GST return period

(10,00,000)

Turnover as per GST returns

50,10,00,000

The tax audit (Form 26) asks for this reconciliation. Prepare it every year, and explain each reconciling item with documents, because unexplained excess GST turnover is often treated as unrecorded sales.

Chapter summary

• ITC claimed is not part of cost; blocked ITC is.

• Reconcile GST turnover with books every year; the tax audit asks for it.

• Interest on late GST is compensatory; penalties are disallowed.

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