It has been brought to the notice of the Competent Authority that in several instances nonspeaking & vague Show Cause Notices (SCNs) are being issued in violation of provisions of the GST Act and Rules made thereunder. In view of the above, it is important that proper diligence is made before issuance of SCNs by the Proper Officers.
On the Anti-Evasion front, the Directorate of Goods and Service Tax Intelligence (DGGI), Meerut Zonal Unit, busted a syndicate involved in creating and controlling fake firms and issuing of bills by these fake firms without supply of any Goods or Services and encashment of GST refund. The investigation involved in-depth analysis of the network and devices used by the syndicate. Preliminary investigations have revealed more than 275 fictitious firms with the total value of the invoices issued being in excess of Rs 3,100 Crore and the total GST evaded estimated to be about Rs. 362 Crore.
On the Anti-Evasion front, based on specific inputs from the. Directorate General of Analytics and Risk Management, Nhava Sheva Customs intercepted 47 Containers, declared to contain 1200 MT Anode Butts. However, examination revealed that the goods were used/waste Anode Butts.
Section 79 of the IT Act provides for intermediaries to get exemption from liability provided they follow certain due diligence and also if, they are not aware of the information being transmitted through their platform Online market place being Intermediaries also enjoy the same immunity. They are also required to follow other legislation like the Consumer Protection Rules etc.
As regards, GST, the Jaipur unit of DGGI achieved a major breakthrough in a case of fake billing/ITC under investigation since October,. 2021. They succeeded in unearthing an entire network of 636 fake firms issuing fake invoices for availment of ITC – run by a syndicate of 5-6 persons using multiple SIMS and phone numbers.
The present mode of virtual hearing and e-filing will continue as per the earlier notification dated 31.12.2021 and 09.01.2022. Now based on the suggestion given by the Members, Officers/staff of the Registry and Members of the legal fraternity Pan India the hearing of cases will be limited to urgent matters which require immediate orders.
The first week of the New Year brings with it the onset of the third wave of COVID-19. As the number of cases mount, we need to be ready, individually as well as institutionally, to meet squarely the challenge, as we have in the past. Please do not let your guard down, follow COVID – appropriate behavior at all times; test 85 isolate if necessary; stay safe and keep your colleagues, near 85 dear ones safe.
Following formats and requirements for disclosures of corporate governance requirements shall be applicable for the purpose of compliance: a. SEBI circular No. CIR/CFD/1/27/2019 dated February 08,2019 on the Annual Secretarial Audit Report and Secretarial Compliance report.
There may, however, be some cases where there may be a genuine reason for difference between the details of outward supplies declared in GSTR-1 and those declared in GSTR-3B. For example, the person may have made a typographical error or may have wrongly reported any detail in GSTR-1 or GSTR-3B. Such errors or omissions can be rectified by the said person in a subsequent GSTR-1/ GSTR-3B as per the provisions of sub-section (3) of section 37 or the provisions of sub-section (9) of section 39, as the case may be.
Supreme Court held in the case of M/s Westinghouse Saxby Farmer Ltd. Vs. Commissioner of Central Excise, Kolkata that the ‘relays’ are classifiable as parts of ‘railway signalling equipment’, under Heading 8608 of the Central Excise Tariff. In holding so, the Hon’ble Supreme Court has given precedence to the ‘sole or principal use’ test of Section Note 3 over the Note 2(f) to Section XVII which specifically excluded ‘electric equipment’ from being classified under Section XVII, whether or not it is identifiable as being for the goods of that Section.
