ED conducts searches in multiple cities in Rs 122 crore GST fraud case

The Enforcement Directorate (ED) has carried out a string of search operations at 25 different locations across Gujarat, Maharashtra and Karnataka in an alleged GST (Goods and Service Tax) fraud case.

In the operation, the central agency has charged Mohammad Ejaj Bomar with money laundering based on a chargesheet filed by Bhavnagar Police in Gujarat.

Ejaj allegedly used fake invoices of more than Rs 1102 crore to evade the GST amount of Rs 122 crore. For this purpose, the accused used 461 bogus companies, claimed chargesheet filed by Bavnagar Police.

The ED has initiated a money laundering investigation based on FIRs registered by Bhavnagar Police under various sections of the Indian Penal Code (IPC) against Mohammad Ejaj Bomar and others.

The central agencies also searched the premises of the persons involved in preparing bogus documents based on which fake firms were constituted to wrongly claim the Input Tax Credit (ITC).

The police chargesheet states that the accused used the Aadhar Card of several persons to constitute the shell companies.

The police claimed to have found documents suggesting that the accused used forms, which were utilised by them to trick people who wanted to change their phone numbers linked to their Aadhar Cards.

Later, the accused used those Aadhar cards to obtain PAN Cards and GST registrations.

The official said the accused created fake entities through forged documents to obtain GST registration. Later these fake entities passed on the claimed Input Tax Credits to beneficiaries by generating fake invoices on a commission basis.

Payment for these fake invoices was made through banking channels before the amount was settled in cash between an operator of a fake entity and a beneficiary.

During the probe, documents such as the form for changing mobile numbers linked to Aadhar cards, fake bills issued from these bogus entities and digital evidence were seized under the provisions of PMLA. The agency also seized Rs 29 lakh during the investigation.

Further probe into the matter is underway.

Source from: https://www.indiatoday.in/india/story/ed-registers-case-conducts-raids-against-man-for-claiming-gst-return-through-fake-invoices-2389169-2023-06-05

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Coverage of the Course :

  • What is the Eligibility and Condition for claiming ITC- Section 16 with practical scenarios and examples
  • Requirement and reversal of ITC (Rule 37)
  • Interplay of Valuation – GST ITC
  • Schedule I vs Rule 37 Comparative Study
  • Rules and Provision for Offset of ITC – Case Study
  • Concept of Claim – Reversal – Reclaim
  • Clarification on Non Filing of GSTR-1 and GSTR 3B
  • Other provision of Section 17 for reversal of common ITC and reversal as per Rule 42/43 for Input, Input Service & Capital Goods
    • Exclusions in value of exempt supplies for the purpose of reversal of common credit ITC as per rule 42 and 43
    • Exclusion of interest income and other exempt services from aggregate value of exempt supplies for reversal of common ITC as per rule 42 and 43
  • Special Provision for Banking, Financial Institutions, NBFC’s
  • Blocking of ITC (Rule 86A)
  • Restrictions on use of amount available in electronic credit ledger (Rule 86B)
  • Order of utilization of input tax credit (Rule 88A)
  • Manner of calculating interest on delayed payment of tax (Rule 88B)
  • Availability of credit in special circumstances
    • ITC on opening stock of inputs at the time of registration
    • ITC on stock of inputs available to person taking voluntary registration
    • ITC on opening stock of inputs and capital goods available on opting out of composition scheme
    • ITC on stock of inputs and capital goods when exempted goods or services become taxable
    • ITC reversal on closing stock of inputs on switching to composition scheme/ wholly exempt supplies
    • Transfer of ITC in case of sale, merger, demerger, amalgamation, etc.
    • Transfer of ITC on obtaining separate registration for multiple places of business within a state or UT
    • Removal of capital goods or plant and machinery
  • Taking ITC in respect of inputs and capital goods sent for job-work
  • Manner of distribution of credit by Input Service Distributor
  • Manner of recovery of credit distributed in excess
  • Apportionment of Credit
    • Meaning of Taxable & Exempt Supply
    • Credit used exclusively for Taxable supply / exempt supply
    • Common Credit
    • Supplies for personal consumption etc.
    • How to apportion the credit
  • Blockage of Credit in respect of
    • Motor Vehicles, Vessels and Aircraft; their servicing repair & maintenance.
    • Food & beverages, outdoor catering beauty treatment, health services, cosmetic & plastic surgery, renting or hiring of motor vehicles, and others
    • Woks contract services
    • Membership of Club, Health and Fitness Centre
    • Goods & Services provided to employees
    • Travel benefits to employee
    • Construction of immovable property on own account
    • Tax paid under composition scheme
    • Goods or services received by a non-resident taxable person
    • Goods or services used for CSR activities
    • Goods or services used for personal consumption
    • Gifts, free samples and goods lost or written off
    • Tax paid in fraud cases, confiscation etc.
  • ITC on Works Contract and Construction of Immovable Property related issues such as:
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    • Construction of warehouse for leasing
    • Civil construction for installation of machinery etc.
  • Credit on free gifts, samples, goods lost, stolen or destroyed etc.
  • ITC & Tax paid under Section 74, 129 and 130
  • Discussion on various important judgments on ITC
    • How to prove genuineness of transactions to avail GST IT
    • ITC can be claimed during revocation of cancelled GST registration
    • Claiming Time Barred ITC for the period of Cancellation
    • ITC availability on vouchers and subscription packages
    • Constitutional validity of Section 16(2)(c) challenged in various cases
    • Constitutional validity of Section 16(4) challenged in various cases
    • Case laws on rectification of error or omission made while filing GST statements/ returns/ forms
    • Other important case laws on GST ITC
  • Open House: Question and Answer

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