Sub: Registration under State Goods and Services Tax Act, 2017- verification of details furnished- instructions issued- reg.
Registration is the most fundamental requirement for identification of taxpayers. It confers on the taxpayers certain rights and privileges which unregistered taxpayers do not possess. Registration of any business entity under the GST Law implies obtaining a unique number from the concerned tax authorities for the purpose of collecting tax on behalf of Government and to avail input tax credit for the taxes on his inward supplies. Without registration, a person can neither collect tax from his customers nor claim any input tax credit of tax paid by him. Hence registration under GST is an important and sensitive process. Therefore the Registering Authority has the added responsibility to confirm that taxpayers submitting applications to deal with goods or services, which are commercially important and prone to evasion, are carefully and faultlessly evaluated. Registration applications received in the GST Circle Offices need to be attended immediately. The Registering Authority shall go through the applications and enclosures carefully to see that the form is properly and completely filled up by the applicant. It should be .ensured that the enclosures / documents are complete and are in the prescribed manner. Strict time lines have been stipulated for completion of different stages of the registration process.
Regarding registration in respect of evasion prone commodities such as Lottery, Iron and Steel, Flooring materials, Glass, Timber, Hill produce, Plywood, Arecanut etc. utmost care should be taken. The assessing Authority shall conduct a spot enquiry to ascertain the veracity of the information furnished in the application and also in the accompanying documents. The enquiry shall be sufficiently exhaustive to come to the conclusion that the applicant is genuine in all respects and there shall not be any reason to suspect the genuineness. As part of the enquiry, assessing authority must prepare the check list accompanied with this circular. Standard-Operating Procedure for visit to the taxable person's premises for verification of registration particulars is given below:
Standard Operating Procedure (SOP) for visit to taxable person's premises for verification of registration particulars
In the VAT regime, there used to be an element of integrity in the registration data base due to pre-registration visit by the assessing authority. In GST, because of the three- day deadline, pre-registration visits by the proper officer may not always be practicable. Hence, for the purpose of providing adequate safeguards and to establish the bona fides of the tax payer, it is envisaged to conduct a post-registration visit to the premises of the tax payer based on certain risk parameters.
In the first instance of this verification, the following risk criteria are to be selected
Categories of migrated tax payers to be visited for verification
1. All migrated and new tax payers having transactions in plywood and areca nut.
2. All migrated tax payers who have not filed any return since migration.
3. Nil filers since migration.
Categories of new tax payers to be visited for verification
1. All tax payers who have defaulted in filing GSTR 3B for a period more than three return periods.
2. All tax payers who have filed 'NIL' returns in the case of GSTR 3B since the date of registration.
3. Those who have not filed returns since registration.
The list will be generated from the system centrally and will be forwarded to the districts. This first level of verification shall be done utilizing the intelligence squads. District Deputy Commissioners shall forward the list to the Inspecting Asst. Commissioners (Int.) concerned, who shall allocate the cases among the squads.
Procedure to be adopted:
1. Preparation - Verify the registration particulars filed by the taxable person in the GST back end. Verify the GSTR 3B returns. Verify GSTR 2A and e-Way Bill data, if any. Check the list of documents to be uploaded in GSTR REG-30 and whether the tax payer has uploaded the same. If uploaded, see whether it is legible.
2. Identify the business place.
3. Preferably, the visit should be conducted between 10 am and 5 pm
4. Interview the tax payer / person in charge of the business place regarding the activities of the business.
5. Prepare the check list as detailed in Annexure- I. The remarks column in Annexure-1 against each item should be filled up.
6. Take photographs of the business premises with an angle showing the extent of the business place, its approach, signs / boards etc.
7. After the visit, the details in the checklist shall be uploaded into the GST back end in form REG-30 (appropriately in the "comments" section of REG-30) which can be viewed by the proper officer.
8. The transactions conducted by 'NIL' return filers should be verified for the taxability of the transactions and issues in the matter should be reported to Deputy Commissioner (Int).
9. Tax payers who are suspected to be not genuine, should be red flagged and reported to the Deputy Commissioner and the proper officer for further verification and necessary action.
10. Tax payers should be advised to update registration particulars in both core field and non-core field amendments wherever necessary.
CHECK LIST FOR VERIFICATION OF BUSINESS PREMISES
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(b) See whether POS machines are used for accepting payments- get number-see if the bank account linked to POS Machine is declared in registration for m
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The scope of this enquiry will be to find out and enlist the correctness of the information furnished in the registration application. All officers shall strictly follow these instructions to avoid bogus registration.
COMMISSIONER OF STATE TAX