GST में आया बड़ा बदलाव FA₹ZI GST Registration के Case में Professional से भी होगी पूछताछ !!

#gstregistration #GST #gstreturn
GST Registration should be cancelled from the date of registration i.e ab-initio.
Standard Operating Procedure (SOP) for Cancellation of Registration and for Repository of Non-genuine Taxpayers.
GST is an indirect tax which is levied on the supply of goods and services and is a comprehensive, multi-stage, destination-based tax. It is levied on every value addition. In order to avoid the cascading effect of levy of tax at each chain of value addition, GST regime involves seamless flow of credit on supplies. It enables taxpayers to claim input tax credit (ITC) of tax paid on inward supplies.
GST Authorities have detected large number of taxpayers involving in use of fake invoices and wrongful availment/utilization of ITC. Such ITC is availed on the inward supplies shown from non-genuine/existing taxpayers without actual supply of goods & services.
Non-genuine taxpayer is the one who issues invoice under GST Act without actual supply of goods or services to pass on inadmissible tax credit of ITC to the claimant. Non- genuine taxpayer shall also include the persons who obtain registration by means of fraud, wilful misstatement or suppression of facts and for the fraudulent purpose like claim of bogus refunds or generation of e-way bills for suppressed supplies of other taxpayer, but they themselves are not engaged in genuine business activity.
Several cases of monetisation of credit fraudulently obtained or ineligible credit through refund have been detected in the past. On Verification, several taxpayers were found to be non-existent in a number of cases. In all these cases it has been found that the Input Tax credit (ITC) was taken by the taxpayer on the basis of fake invoices and the tax liability was paid
using such ITC.
GST में आया बड़ा बदलाव FA₹ZI GST Registration के Case में Professional से भी होगी पूछताछ !!
Cases where cancellation is initiated by the Proper Officer on his own motion ldentitication of entities who generate "fake invoices" is the first step in curbing this menace. This method also involves identification of generators and users. To identify the generators of fake invoices the
following risk parameters can be used.
a) Multiple GSTIN registrations for a given address
b) Multiple GSTIN for a given PAN
c) GSTIN using incomplete or wrong addresses
d) Tax payer using sensitive commodities.
e) Common e-mail, common mobile numbers, common address, common authorized signatories, common promoters for multiple GSTIN.
f) Mismatch between the premises declared and the volume of goods transacted.
g) Mismatch between the quantum or transactions and the e-way bills generated. If there are, no e-way bills or less e-way bills generated compared to the details of transactions as per the GST returns.
h) PAN involved in any "fake invoice" fraud or any other GST frauds appear as either in GSTR IA or GSTR 2A.
i) Abnormal ITC utilization (for example above 95%).
Where cancellation proceeding are initiated by the Proper Officer on above grounds, the registration should be cancelled from the date of registration i.e ab-initio. This gives an upper hand to the Revenue as all the activities of the taxpayers become ab-initio invalid. Date of cancellation gets reflected in GSTR-2A of the recipient enabling the Proper Officer of the recipients to deny input tax credit on such supplies received from the cancelled taxpayer. However, an opportunity of the personal hearing is to be accorded to the taxpayer before issuing an order.
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