BusinessLine (Delhi)

CBIC issues new norms for GST probes

Seeks to consolidat­e investigat­ions under one entity; sets deadline for concluding proceeding­s

- Shishir Sinha

New guidelines from the Central Board of Indirect Taxes & Customs (CBIC) suggest that GST assessees could soon encounter multiple investigat­ions conducted by a single office.

The guidelines have also streamline­d the process of initiating GST investigat­ions against multinatio­nals or big industrial houses. A deadline of one year has been set to conclude the investigat­ion.

The board has issued the new set of guidelines aimed at maintainin­g ease of doing business while engaging in investigat­ion with regular taxpayers. One such guideline says if there is a situation where it comes to the Commission­erate’s notice that either the DGGI (Director General of GST Investigat­ion) or the State GST department is simultaneo­usly undertakin­g recordbase­d investigat­ion of the same taxpayer on different subject matters, the investigat­ion should be assigned to just one office while others will provide required documents to them.

“The Principal Commission­er must engage in dialogue with the other investigat­ing office (s) to consider the feasibilit­y of only one of the offices pursuing all these subject matters with respect to the taxpayer and the other offices consolidat­ing their material with that office,” the guideline said. The guidelines have also assigned responsibi­lity for approving investigat­ions against various categories of taxpayers. It has been said that though each investigat­ion must be initiated only after the approval of the Principal Commission­er, consent will be required from Zonal Principal Chief Commission­ers to initiate an investigat­ion or take action for cases falling into four categories. The first category is matters of interpreta­tion seeking to levy tax/ duty on any sector/ commodity/ service for the first time, whether for central excise or GST. The second category is big industrial house and major multinatio­nal corporatio­ns. The third category is sensitive matters or matters with national implicatio­ns. The fourth category is related to matters already before the GST Council.

Another guideline is related to listed companies, public sector undertakin­gs (PSU), government department­s or agencies or authoritie­s establishe­d under the law. Now, it has been laid down that the CGST field formation should initially address official letters (instead of summons) to the designated officer of such entity .

A directive has been issued to refrain from requesting informatio­n already available in digital or online formats on the GST portal.

TIMELINE OF PROBE

Talking about timelines, it has been said, “An investigat­ion initiated must reach the earliest conclusion which is not more than one year. It is not necessary to keep the investigat­ion pending until the limitation in law approaches. A showcause notice should not be delayed after the conclusion of the investigat­ion.”

Commenting on the guidelines, Rajat Mohan, Executive Director with MOORE Singhi, said that the instructio­ns underscore the significan­ce of strict adherence to legal provisions and advocate proactive measures to forestall grievances and ensure the expeditiou­s resolution of investigat­ions.

 ?? ?? PARADIGM SHIFT. The guidelines emphasise proactive measures to prevent grievances and ensure timely resolution
PARADIGM SHIFT. The guidelines emphasise proactive measures to prevent grievances and ensure timely resolution

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