However, this restriction will not apply where the managing director or any partner has paid more thanA RsA 1 lakh as income tax or the registered person has received a refund amount of overA RsA 1 lakh in the preceding financial year on account of unutilised input tax credit.
The Confederation of All India Traders (CAIT) in a letter to Sitharaman has drawn her attention towards Section 86B, saying that “it is a counter-productive step which will load the traders further with burden of compliance and also much financial obligation”.
The traders’ body stated that it has “urged Sitharaman to defer implementation of Rule 86 B immediately which is scheduled to be implemented from January 1, 2021 and also extend the last date for filing GST and Income Tax Audit return from December 31 to March 31, 2021”.
CAIT Secretary General Praveen Khandelwal said that in light of the current scenario when domestic trade is disturbed due to repercussions of COVID-19 and traders are fighting for survival of business, it is “strongly urged that the implementation of Rule 86 B may be deferred”.
He observed that GST has again culminated into a “cobweb for traders and it is a general feeling that instead of a simple tax it is becoming a much complicated tax system putting greater compliance burden on the traders”.
“Unfettered and discretionary powers including cancellation of GST registration and power to arrest are vested to officials and its misappropriate use can’t be ruled out,” the traders’ body claimed.