On the anti-evasion side, CGST Commissionerate, Gandhidham booked a case of irregular availment of Input Tax Credit (ITC) on ‘Base Oil’ by certain Transporters in Kutch who are reported to have been illegally using such ‘Base Oil’ as automotive fuel. Further, such misuse is environmentally egregious. It is reported that the total inadmissible ITC availed is in excess of Rs. 13 Crore and that an amount of Rs. 5.80 Crore has been recovered till date.
Partial Modification of Constitution to the Group of Ministers (GoM) on Casinos, Race Courses and Online Gaming In partial modification to the OM of even number dated 24.05.2021 & 11.06.2021 on the subject cited above, it is stated that reconstituted membership of the GoM is as follows: –
On the Anti-Evasion front, officers of CGST Delhi East Commissionerate on the basis of data scrutiny detected utilization of excess ineligible credit by an assesse. Further network analysis indicated that the input suppliers of the firm were involved in trading/ supply of goods unrelated to the business activity of the assesse. The entire duty liability has since been accepted and total recoveries in the case are about of Rs. 5 Crores. Congratulations to all the officers for their effort and hard work.
It is stated that FSSAI has notified Authorised officers at 157 Points of Entries (PoEs) for food, wherein 104 PoEs are to be manned by Customs officials as Authorized officers (AOs) while 53 PoEs are manned by FSSAI officials.
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.
