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Govt to reopen FY17-18 GST accounts for fresh audit to check tax evasion, fake refund claims

Govt to reopen FY17-18 GST accounts for fresh audit to check tax evasion, fake refund claims

In a major enforcement drive, the government has ordered a fresh audit of FY17-18 GST accounts to check tax evasion, fake refund claims and credits. The government has started issuing Goods and Services Tax (GST) audit notices to taxpayers for financial year 2017-18, nearly three years since the launch of the indirect tax regime.

As per the tax notice issued by the taxman, the agency has invoked section 65 of the Central Goods and Services Tax (CGST) Act for an audit of accounts and records from July-March of 2017-18 or from the date of the last audit to FY18, CNBC-TV18 reported. The taxpayers have been asked to come with detailed records of related documents, with an immediate appearance in person with the taxman, as per the report.

As per the notices, the list of documents include GST forms, income tax papers, input service invoices, electronic cash/credit ledger, business agreements of sales and purchase, and other related documents.

The fresh audit will happen across the country during January and February 2020. Following this, the taxman will submit a report to the centre, including the list of tax evaders and fake refund claimants.

Earlier on Tuesday, a national level GST Conference was held in Delhi, where the Centre and States had joined hands to take necessary action to streamline the Goods and Services Tax system and plug revenue leakage. These measures include curbing fraudulent refund claims, linking foreign exchange remittances with IGST refund, investigation of fraudulent ITC cases by the IT department, a single bank account for foreign remittance receipt, and refund disbursement, among others.

Source: Business-Today

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AI, data analytics to track GST evaders, boost compliance

AI, data analytics to track GST evaders, boost compliance

The government plans to increase the use of artificial intelligence and data analytics to track down tax evaders, and improve compliance with the Goods and Service Tax in order to augment revenue.

Top tax officials are scheduled to participate in a brainstorming session to be chaired by revenue secretary Ajay Bhushan Pandey next week to firm up this plan.

“The revenue secretary will hold a day-long meeting on January 7 with tax commissioners to discuss ways to streamline the GST system and plug leakages due to fraud,” said a person aware of the development.

The discussions will include assessing the wider use of data analytics and AI in the process of enforcement and red-flagging tax evaders and fake refund claimants without overreach or harassment to genuine taxpayers.

The meeting comes on the heels of the government notifying changes to GST rules to prevent frauds and fake invoicing, besides setting up grievance cells to ensure that genuine taxpayers are not harassed and the overall tax base increases. The government last week reduced input tax credit to 10% from 20% of eligible credit if invoices or debit notes were not reflected in filings.

Last month, the Central Board of Indirect Taxes and Customs instructed field officers to expeditiously create GST grievance redressal committees at zonal and state levels.

Tax officials have been directed to identify cases of suppression of personal income, wilful tax evasion, fake invoicing or inflated or fake e-way bills, and take stern action.

Those attending the session will include state tax commissioners and chief tax commissioners from the Centre, senior officials of various tax bodies along with officers of the enforcement wings. Their goal is to develop a targeted approach to stop tax and duty evasion while making sure that no taxpayer is troubled.

There’s growing concern over revenue shortfall, with slowing consumption demand adversely impacting GST collections. The corporate tax cut amounting to a loss of revenue of Rs 1.45 lakh crore, along with recent GST compensation of over Rs 35,000 crore to states, have increased the stress on the Centre’s fiscal position.

Source: Economic-Times.

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e-Way bills curb tax evasion, but glitches remain

e-Way bills curb tax evasion, but glitches remain

There are numerous concerns on the functioning of the GST regime, launched two years ago. But the e-Way bill’s system is displaying good traction. While there are a few glitches, users mostly agree that e-Way bills have brought down under-reporting and increased transparency.

The system was rolled out for inter-State consignments in April 2018, and for intra-State consignments two months later, in a phased manner. e-Way bills generation for the period April-June 2019 was almost 40 per cent higher at about 15.65 crore, compared to 11.19 crore in the same period last year.

For transport companies, the system has saved considerable time, removing check-posts and facilitating the shift from a ‘departmental policing model’ to a ‘self-declaration model’. It has also helped in curbing tax evasion.

According to chartered accountant Chirag Chauhan, e-Way bills have reduced tax evasion by almost 80 per cent. He also points out that the drop in GST collections of just 2-5 per cent in the first quarter of FY20, against a sales decrease of 15-20 per cent, is proof that tax malpractices have come down.

Under the norms, every consignment worth above ₹50,000 (raised to ₹1 lakh in a few States as a temporary relief) should begin with the generation of an e-Way bill. The bill must be raised before the goods are shipped and should include details of the products, their consignor, recipient and transporter. Though check-posts have been abolished under GST, a consignment can be intercepted at any point for the verification of its e-Way bill. If found without one, or with invoice discrepancies, a penalty of ₹10,000, or tax sought to be evaded, or, in some cases, 200 per cent of the GST amount, can be levied. These provisions are helping in reducing the disparities between the actual value of the sale and that reported in e-Way bills. Every e-Way bill generated has to be matched at the invoice level with the entries uploaded by the manufacturers or traders in their monthly GSTR-1 returns for outward supplies. Also, the GSTR-1 of the manufacturer or trader gets auto- populated in the GSTR-2A of the purchaser, based on which the latter claims the input tax credit (ITC).

Due to such matching of invoices at multiple levels, there’s hardly any scope for the supplier to under-report sales.

Once the e-Way bill portal is linked to the centralised VAHAN portal, which contains vehicles details, generation of fake e-Way bills gets checked. Further, the system helps in increasing the overall GST compliance, as a recent notification bars a supplier or a recipient from generating an e-Way bill if the GST returns are not filed for two consecutive months.

Some challenges do remain. Complaints have been raised that the time limits prescribed for the validity of an e-Way bill are not in consonance with ground realities.

Time limit

“Genuine reasons for delays should be taken into account while fixing the time limits,” Bal Malkit Singh, former President of the All India Motor Transport Congress, told BusinessLine.

On consignment verification issues, he said: “State borders have paved the way for flying squads and, the vehicles are being stopped randomly on the pretext of checking for collateral extortion.” Another issue, he said, is the lack of flexibility in rectifying errors and changing the destination address.

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Source: The-Hindu-Business-Line
GST: Aadhaar verification to be mandatory for new dealers from Jan 2020

GST: Aadhaar verification to be mandatory for new dealers from Jan 2020

In order to check malpractices in GST, the GST Network on Saturday decided to make Aadhaar authentication or physical verification mandatory for new dealers from January 2020.

“Aadhaar authentication of new dealers will be mandatory. Earlier it was optional. But we have noticed in two years that there’s good number of fly-by-night operators. They make fake invoices,” Bihar deputy chief minister Sushil Kumar Modi, who heads the group of ministers of GST Network told reporters after a meeting here.

Those who don’t want Aadhaar authentication, physical verification will be carried out, which will be completed in three days, he added.

As refunding is a big issue, the GSTN decided on complete online refunding from September 24 this year from a single source, either by the Central GST or State GST, Modi said.

The GSTN also decided the much simplified new return system may be launched on January 1, 2020, the Bihar Deputy chief minister said.

The GST Council meeting is scheduled in Goa on September 20, he added.

Source: Economic-Times.

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Banks move court; challenge the government’s Rs 18,000 crore GST charge: Report

Banks move court; challenge the government’s Rs 18,000 crore GST charge: Report

Banks have challenged in court the government’s Rs 18,000 crore goods and services tax (GST), levied on them for services such as wealth management and zero-fee lockers, which circumvent the taxation process, as per a report in The Economic Times.

This is not the first time the financial institutions have tussled with the government over the issue. The government has been investigating the same since 2015.

Banks — private, public and foreign — dodged tax notices regarding service taxes and GST since April 2018, choosing to give representations at multiple forums before moving the Delhi High Court for a stay on the notices, the paper said.

Moneycontrol could not independently verify the report.

As per the government, banks through services such as deposits, lockers with no annual fees and wealth management options have dues totalling Rs 18,000 crore towards GST. The Delhi HC had directed banks to respond to the notices by August-end, it added.

As per the report, the Indian Banks’ Association has taken up the issue. While many foreign banks declined to comment, private and public banks did not respond to ET’s questions.

The government alleged that public banks circumvented the taxes due in return for maintaining the Monthly Average Balance (MAB).

For example, instead of an annual rent of Rs 20,000 for a locker, banks offered the locker in exchange of a deposit worth Rs 50,000. While the rent would give the exchequer Rs 360 as GST, deposits give the government no earnings.

Foreign and private banks meanwhile offered “premium account holders” wealth management options, free facilities, free ATM and debit card usage among other things. Bankers, however, said that practices were normal and were not undertaken to evade tax, it added.

Source: Money-Control

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