Rs 10,000 crore GST fraud: 3,000 shell cos created on fake details

A multi-agency probe launched by the Centre to investigate Noida police’s claim of having busted a racket of GST fraud to the tune of Rs 10,000 crore has revealed at least 3,000 shell companies were created on fake Aadhaar and PAN details. On Thursday, the Directorate General of GST Intelligence (DGGI) arrested one Sanjay Dhingra, the promoter of Good Health Industries Pvt Ltd, Rajouri Garden, Delhi, which is engaged in manufacturing of ‘Dairy Best’ brand of desi ghee having manufacturing units at Mewat in Haryana and Saharanpur in UP.

According to sources, Dhingra told DGGI during his questioning that the syndicate had managed to register at least 3,000 companies, of which 1,000 were actively engaged in illegally raising e-way bills and claiming input tax credit worth hundreds of crores. So far, the agency has tracked tax evasion of more than Rs 700 crore by these entities.

The Centre has involved other intelligence agencies in tracking the members of the syndicate that has a footprint in several states and were able to register shell companies.

Special teams have been constituted by the DGGI and an analysis of records revealed these operational 1,000 shell companies have evaded Goods and Services Tax (GST) of more than Rs 700 crore. The end users of these fake GST were identified on an all India basis after a search and seizure operation.

A unit of DGGI’s Ghaziabad is probing Dhingra’s manufacturing units at Mewat and Saharanpur for alleged involvement in evasion of GST of more than Rs 63 crore, sources said. Dhingra had been arrested in the past, too, for alleged GST fraud and is under investigation by other central agencies in bank fraud cases.

Preliminary investigation revealed the modus operandi of the syndicate was creating shell entities on fake documents and appointing dummy directors to shield the mastermind.

Source from: https://timesofindia.indiatimes.com/city/delhi/rs-10000-crore-gst-fraud-3000-shell-cos-created-on-fake-details/articleshow/100889161.cms?from=mdr

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  • 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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    • 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
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  • Open House: Question and Answer

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