By TIOL News Service

NEW DELHI, DEC 24, 2020: FOR GST authorities, the culture of fake invoice enabling ITC fraud has assumed baleful proportions, severely hurting the exchequer. The CBIC has so far booked 12000 such cases and arrested 365 persons. During the last six weeks alone, more than 165 fraudsters have been arrested.

There have been some misinformation on the recent rule changes on the Social Media causing confusion among the genuine taxpayers, states the CBIC Press Release.

CBIC therefore clarifies misinformation with facts:

Myth 1: No opportunity of being heard will be given if proper officer believes that registration is liable to be cancelled.

FACT 1: The GST laws passed by the Parliament and state legislatures provide that GST registration is liable to be cancelled for those who have not filed 6 or more returns. it is therefore wrong to say that the cancellation will be done without reasons. To protect the interest of revenue, this provision has been put in the law so that fraudsters do not run way with GST collected from their customers.

It may be further noted that no cancellation of registration would be done without giving proper opportunity of hearing to the taxpayer. Immediate action for suspension is necessary in cases where unscrupulous operators seek to pass on huge fake credit by gaming the system. Such action will not affect genuine taxpayers and will provide them a level playing field. Moreover, suspension may be revoked by the officer based on the taxpayer's representation.

Myth 2: Even if there is a clerical error in filing returns, GSTIN will be cancelled. No option to correct your mistakes.

FACT 2: This is absolutely not true. Only in fraudulent cases where there are significant discrepencies based on data analytics and sound risk parameters, and not mere clerical errors, the action of suspension and cancellation will be taken up. An example of a fraudulent case and serious discrepancy is where one has passed on Crores of Rupees of Input Tax Credit and not filed GSTR3B returns, nor has he filed Income Tax Returns or disclosed very little liability in Income Tax returns etc, The GST ecosystem is very carefully working toward curbing the fake invoice frauds