
Teams of Directorate of Enforcement (ED) carried out search operations at 25 locations on Friday in Ahmedabad, Gandhinagar, Bhavnagar, Botad, Gandhidham, Mumbai and Bengaluru in connection with the case against Mohammad Ejaj Bomar and others. The accused are booked under the provisions of the Prevention of Money Laundering Act (PMLA), 2002 due to their alleged involvement in the GST fraud case.
Search at one of the residences fetched Rs 29 lakh cash along with incriminating documents such as form for changing mobile number from aadhaar cards, fake bills issued from bogus entities and digital evidences.
“In this search action, the premises of accused persons who were involved in preparing bogus documents on the basis of which fake GST firms were made and the entities which were used for providing bogus Input Tax Credit (ITC) were covered. ED initiated money laundering investigation on the basis of FIRs registered by Bhavnagar Police for various offences against Bomar and others,” mentioned a note by the agency.
The chargesheet by police investigators had mentioned that the accused had changed mobile number linked to aadhaar cards of several persons promising them financial assistance under government schemes. These cards were later used to obtain PAN and then GST registrations. With use of these documents, fake invoices of more than Rs 1,102 crore involving evasion of GST of Rs 122 crore was allegedly carried out. The accused had made 461 bogus firms for these transactions.
The fake entities were passed on input tax credit by generating fake invoices on commission basis. Payment of these fake invoices is made through banking channels and the amount was settled in cash between operator of fake entity and beneficiary.
Source from: https://timesofindia.indiatimes.com/city/ahmedabad/gst-fraud-case-ed-searches-at-25-locations/articleshow/100715654.cms?from=mdr
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Live GST Course on:
GST Input Tax Credit (ITC) by CA (Adv) Bimal Jain
3 Day | 3 Session | 9 Hours
June 16 | 3:00 – 6:00 PM, June 17 | 3:00 – 6:00 PM and June 18 | 11:00 AM – 2:00 PM (IST)
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CA (Adv) Bimal Jain
- FCA, FCS, LLB with 24 Yrs. of Experience in Indirect Taxation – GST, Service Tax, Excise, Customs, VAT/CST, FTP, DGFT matters etc.
- Chairman of Indirect Tax Committee of PHD Chamber of Commerce
- Author of books on Goods and Services Tax, “GST LAW AND COMMENTARY (With Analysis and Procedures)” [8th Edition – May 2023]
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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- Overhead crane
- 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
Key features of the course:
- E-Certificate to all participants
- Background Material (BGM) available in PDF (Downloadable basis)
- Dedicated WhatsApp group, Telegram and E-mail for Free Subscription of GST Updates for 1 Year
- Hindi/English medium
- Special 45% Discount on our latest ‘GST Law and Commentary with Analysis and Procedures’ by Bimal Jain & A2Z Taxcorp LLP – May 2023 Edition
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