Business Standard

Field officers recovering GST without notice, says industry

- INDIVJAL DHASMANA

Field officers are recovering payments from assessees after search operations without issuing any showcause notices in several cases, industry experts have complained.

Recently, the investigat­ion wing of GST asked the principal director general, director general, principal chief commission­ers, chief commission­ers to issue showcause notices so that pending fraud and evasion cases can be closed in time.

However, experts said field officers are recovering payments without issuing such notices. As such, the instructio­n to issue showcause notices in a timely manner is important to plug this loophole as well, besides closure of cases. “There have been a number of instances where payment is recovered from taxpayers during search and investigat­ion, but no showcause notices are issued,” said Abhishek Rastogi, partner at Khaitan & Co.

He said taxpayers pay the amount voluntaril­y under DRC 03 challan and specifical­ly mention in the footnote that the taxes are paid “under protest”. Taxes paid under protest are eligible for refund at any point of time, he added.

In the recent instructio­n, the GST investigat­ion wing asked the field formation to issue showcause notices well before the last date, so that the probe can be completed. It said showcause notices were issued only in a few cases booked for tax evasion and fraudulent input tax credit claim for 2017-18 (Julymarch), 2018-19 and 2019-20.

Cases have to be closed within 3-5 years of the deadline of filing returns in cases of tax evasion. These have to see closure within 3-5 years of fraudulent claims of refunds, said Aditya Singhania, partner, Singhania GST Consultanc­y.

He said instructio­ns to complete investigat­ions, issuance of SCNS and its timely adjudicati­on seem to come at the point in time when the deadline of filing annual returns for the initial three years is over. The deadline for filing returns for these years falls between February 2020 and March, 2021.

"This demands preparedne­ss of the taxpayers to ensure complete reconcilia­tions of their returns filed vis-a-vis books of accounts, so that difference­s if found can be smoothly substantia­ted," he said.

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