Special Drive Fake Registration GST Vivek
Special Drive Fake Registration GST Vivek
com;
SUBJECT:
Sec 168:
The Board may, if it considers it necessary or expedient so to do for the purpose of
uniformity in the implementation of this Act, issue such orders, instructions or
directions to the central tax officers as it may deem fit, and thereupon all such
officers and all other persons employed in the implementation of this Act
shall observe and follow such orders, instructions or directions.
Issue- 2
❑ Verification is………? (Physical Verification or something else)
❑ Verification for whom? (New applicant or existing registered
person)
❑ Verification- Should it means Inspection or Search?
❑ Verification of what- Documents, Sales Ledger, Purchase Ledger,
Books of Accounts etc.?
Issue- 3
❑ Verification, is this backed by law? Periphery of present law: [Section 67,
Section 71, Rule 25]
▪ Rule 25
▪ Section 67
▪ Section 71
▪ Reason to suspect Vs Reason to believe
Where the proper officer is satisfied that the physical verification of the
place of business of a person is required due to failure of Aadhaar
authentication or due to not opting for Aadhaar authentication before the
grant of registration, or due to any other reason after the grant of
registration, he may get such verification of the place of business, in the
presence of the said person, done and the verification report along with the
other documents, including photographs, shall be uploaded in FORM GST
REG-30 on the common portal within a period of fifteen working days
following the date of such verification.
Issue- 3 Contd..
❑ What is the present law?
67.(1) Where the proper officer, not below the rank of Joint Commissioner, has reasons to
believe that—
(a)a taxable person has suppressed any transaction relating to supply of goods or services or
both or the stock of goods in hand, or has claimed input tax credit in excess of his entitlement
under this Act or has indulged in contravention of any of the provisions of this Act or the rules
made thereunder to evade tax under this Act; or
(b)any person engaged in the business of transporting goods or an owner or operator of a
warehouse or a godown or any other place is keeping goods which have escaped payment of
tax or has kept his accounts or goods in such a manner as is likely to cause evasion of tax
payable under this Act,
he may authorise in writing any other officer of central tax to inspect any places of business of
the taxable person or the persons engaged in the business of transporting goods or the owner or
the operator of warehouse or godown or any other place.
(2) Where the proper officer, not below the rank of Joint Commissioner, either pursuant to an
inspection carried out under sub-section (1) or otherwise, has reasons to believe that any goods
liable to confiscation or any documents or books or things, which in his opinion shall be useful
for or relevant to any proceedings under this Act, are secreted in any place, he may authorise in
writing any other officer of central tax to search and seize or may himself search and seize
such goods, documents or books or things:
Provided that where it is not practicable to seize any such goods, the proper officer, or any
officer authorized by him, may serve on the owner or the custodian of the goods an order that
he shall not remove, part with, or otherwise deal with the goods except with the previous
permission of such officer:
Provided further that the documents or books or things so seized shall be retained by such
officer only for so long as may be necessary for their examination and for any inquiry or
proceedings under this Act.
Issue- 3 Contd..
❑ What is the present law?
(2) Every person in charge of place referred to in sub-section (1) shall, on demand, make
available to the officer authorised under sub-section (1) or the audit party deputed by the
proper officer or a cost accountant or chartered accountant nominated under section 66—
(i) such records as prepared or maintained by the registered person and declared to the proper
officer in such manner as may be prescribed;
(ii) trial balance or its equivalent;
(iii) statements of annual financial accounts, duly audited, wherever required;
(iv) cost audit report, if any, under section 148 of the Companies Act, 2013 (18 of 2013);
(v) the income-tax audit report, if any, under section 44AB of the Income-tax Act, 1961 (43 of
1961)41; and
(vi) any other relevant record,
for the scrutiny by the officer or audit party or the chartered accountant or cost accountant
within a period not exceeding fifteen working days from the day when such demand is made,
or such further period as may be allowed by the said officer or the audit party or the chartered
accountant or cost accountant
Issue- 4
❑ Period of this Drive- 16th May 2023 to 15th July 2023.
❑ Penalty
Section 125: General Penalty
Any person, who contravenes any of the provisions of this Act or any rules made
thereunder for which no penalty is separately provided for in this Act, shall be liable
to a penalty which may extend to twenty five thousand rupees.
Issue- 10
❑ Documents to be kept? (Not a full list)
▪ Rent Agreement/ Owned – Registration Certificate
▪ Electricity Bill
▪ K YC of Authorised Signatory/ Directors etc.
▪ Access on the Books of Accounts etc.
Issue- 11
❑ Multiple Place of Business at a single place?
???
Thank You.