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SOP for Cancellation of GST Registration and creation of Database of Non-genuine Taxpayers.

Table of Contents of Circular [Mar' 2023]

1. Background.

2. Necessity/Purpose of Standard Operating Procedure (SOP).

3. Relevant Legal Provisions.

4. Standard Operating Procedure for cancellation of Registration.

5. Cases where cancellation is initiated b the Proper Officer on his own  motion.

6. When application for cancellation is submitted by the registered taxpayer.

7. Evidences collected during Investigation/ Inspections/ Verification.

8. Preparation of Evidence folders and sharing of folders:  Actions to be taken after visits.

9. Repository of Non-genuine taxpayers.

Delhi Government has issued an important SOP for Cancellation of Registration and creation of Repository (Database) of Non-genuine Taxpayers.

1. Background -

GST Authorities have detected large number of taxpayers involving in use of fake invoices and wrongful availment of ITC. Such ITC is availed on the inward supplies shown from non-genuine 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.

Further, it has been reported that  reference regarding fake dealer/ suspicious transactions are received from various sources such as CGST, DGARM, Other States, Economic Offence Wing (IOW) etc. which shows in involvement of the concerned taxpayers.

The invoices that are usually treated as ‘fake’  wherein the GST invoices are raised by an entity without actual supply of goods or services.

2. Necessity of SOP -

In view of these circumstances, it is necessary to have a standard operating procedure for- Investigation/ inspection/ verification for identification of non — genuine/existing taxpayers........
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Author:

TaxReply.com


Mar 4, 2023


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