GST UPDATE
Desk of CA. Praveen Sharma Series- 491
The Central Board of Indirect Taxes and Customs (CBIC) has introduced fresh guidelines to streamline GST investigations conducted by CGST field formations, with a focus on facilitating ease of doing business. These directives, delineated in Instruction No. 01/2023-24 GST (Inv.) dated 30.03.2024 by the Ministry of Finance, Department of Revenue, mandate adherence by CGST Zones involved in investigations, subject to legal stipulations or directives.
Key highlights of these guidelines encompass:
Principal Commissioner's Duties: The Principal Commissioner holds the responsibility for formulating, sanctioning intelligence, executing searches, concluding investigations, and executing subsequent actions, including within divisional formations.
Pre-Requisite Approval: Investigations necessitate initiation post approval from the Principal Commissioner. However, specific scenarios necessitate prior written endorsement from the Zonal Principal Chief Commissioner, as delineated in the guidelines.
Inter-Departmental Collaboration: The Principal Commissioner forwards information or intelligence between CGST field formations to the relevant formations or DGGI.
Engagement with Designated Entities: Initial correspondence is directed to designated officers of listed entities such as companies, PSUs, corporations, government bodies, or legal authorities, rather than resorting to summons issuance.
Clarity in Inquiry: Inquiries must exhibit specificity, avoiding vague expressions. Digital information accessible via the GST portal should not be solicited through letters or summons.
Clarity in Inquiry: Inquiries must exhibit specificity, avoiding vague expressions. Digital information accessible via the GST portal should not be solicited through letters or summons.
Summons Protocol: Summons issuance mandates prior reasoned endorsement, ensuring the relevance and appropriateness of the requested information.
Investigation Closure: Investigations are to be concluded within a year, with show cause notices promptly issued thereafter. Termination of investigations may occur if no objectionable findings are unearthed.
These guidelines are crafted to instate a standardized protocol for enforcement undertakings involving regular taxpayers, while integrating aspects conducive to facilitating smooth business operations.\
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CA. Praveen Sharma
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