Hello Auditor

What are the reporting obligations under residual VAT laws?

Meaning of Residual VAT Laws Post-GST

  • Residual VAT laws refer to the continuing legal provisions of State VAT Acts that apply to pre-GST transactions
  • These laws remain active to handle pending assessments, appeals, audits, refunds, and recoveries for periods before 1st July 2017
  • Although no new VAT returns are required for post-GST sales, reporting is still necessary for legacy obligations
  • States continue to issue VAT notices, reassessment orders, and recovery proceedings based on these laws
  • Businesses must stay compliant with residual obligations to avoid legal and financial consequences

Ongoing VAT Return and Reconciliation Requirements

  • Dealers may still be required to file revised or late VAT returns if past periods were unfiled or incorrect
  • Certain states mandate year-end reconciliations or final returns for FY 2016–17
  • Stock declaration as of 30th June 2017 may be re-verified during transitional audits
  • VAT returns already filed may need to be produced during scrutiny or assessment proceedings
  • In some states, dealers under audit must submit purchase/sales registers and tax calculation sheets

Audit and Assessment-Related Reporting

  • Dealers may be issued VAT audit notices requiring submission of tax invoices, purchase bills, ledgers, and books of accounts
  • Stock records, bank statements, and comparison of VAT returns with income tax and GST records are often requested
  • If an audit was initiated pre-GST, dealers must continue reporting until the final audit closure order is issued
  • In some states, filing of Form 704 (Audit Report) or CA-certified reconciliation statements is still mandatory
  • Reporting obligations may also involve replying to audit queries or furnishing historical tax computations

Legal Proceedings and Appeal Filings

  • If a VAT order is appealed, dealers must submit appellate forms, grounds of appeal, and payment receipts
  • Periodic reporting on the status of appeals or stay orders may be required by appellate or assessing authorities
  • Dealers may be asked to produce historical documents to support appeals or seek remand of earlier assessments
  • Reporting is also expected in response to recovery notices, penalty demands, or interest recalculations
  • Any final order under appeal must be reported in annual financial statements and audit notes

Best Practices for Managing Residual VAT Obligations

  • Maintain a dedicated VAT compliance file with all legacy filings, challans, assessments, and orders
  • Respond promptly to any VAT queries, e-notices, or audit visits, even if they refer to pre-GST periods
  • Reconcile VAT closing balances with GST opening credit to avoid double taxation or disallowed credits
  • Keep evidence of payment and communication history for any dues settled post-GST
  • Engage with tax consultants for state-specific compliance timelines and document formats

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