If you ask 3 Indians for their opinion on GST, you will get 5 views. These opinions would basically on the law overall and whether it has been good or bad for the country. We are not talking about these opinions.
Readers would be aware that the major parts of the GST law are from the existing VAT, Central Excise and Service tax laws. Still, there are a number of issues that could be interpreted differently by different people. For example, claiming credits for GST paid on reverse charge paid as per Section 9(4) (which has been deferred till 31st March 2018) of the CGST Act- whether the credit can be taken this month or the next month. Opinion is divided on this issue ( gstgarage.com is of the opinion that it should be taken in the subsequent month). There are innumerable such issues that could arise in interpreting GST laws.
Here are our ten commandments for a good opinion:
1. The opinion should clarify the issues, not compound it.
2. It should be structured properly and the contents should flow sequentially.
3. The contents should be worded well- not in a language that even a judge cannot understand.
4. Decided cases in VAT/Central Excise/Service Tax should be used to justify the stand being taken.
5. References to opinions of other consultants should not be made.
6. Interpreting the provisions in GST should be done as per the law as on date.
7. Disclaimers are fine but the extent of disclaimers should not vitiate the opinion given.
8. Don’t blame the law- your job is to interpret it.
9. Don’t contradict your opinion in the same opinion- take a stand and stick to it.
10. Don’t take a stand based on the fees that the client pays you ( we are assuming he will).
In case you do want to issue an opinion to your client on a GST issue, all you have to do is to send a mail to email@example.com or log on to www.gstgarage.com