How to deal with Fake Invoices under GST
HOW TO DEAL
WITH FAKE
INVOICES UNDER
GST?
The introduction of the GST in India in July 2017
aimed to simplify the tax system and reduce the
compliance burden for businesses. While GST
has been successful in achieving these goals, it
has also brought about challenges, including
instances of fraudulent activities involving fake
invoices. Fraudsters have been creating and
using fake invoices to fraudulently claim Input
Tax Credit (ITC) under the GST system.
Here, in this article, we wil l discuss how to deal
with fake invoices and what actions to take after
a fake invoice has been identifi ed.
WHAT IS A GST
IAN fakeV invoice under GST refers to a deceptive document that is created to falsely reOpreseIntC a traEnsac?tion for the purpose of evading taxes or
fraudulently claiming benefi ts under the GST system. It is a fraudulent
practice where individuals or businesses generate invoices for goods or
services that were never actually supplied or received.
UNDERSTANDING FAKE
INVOICES AND THEIR
IMPAFCake iTnvoices are deceptive documents created by fraudsters to falsely
claim purchases of goods or services they never actually made. These
invoices enable fraudsters to fraudulently claim ITC, resulting in fi nancial
losses for the government and an unfair advantage for the perpetrators.
Fake invoices pose a threat to the integrity and eff ectiveness of the GST
system, requiring businesses to adopt strategies to combat this
fraudulent practice.
TAKING PRECAUTIONARY
MEASURES TO DEAL WITH FAKE
IToN eff eVctivOely ItaCckleE thSese frUaudNs, it Dis imEpoRrtan t Gto establish a system that can identify suspicious entities at an early stage and promptly detSectT GST frauds. This is especially crucial
because many of these fraudsters tend to operate by impersonating dummy individuals who
lack real assets, making it extremely diffi cult to recover any money from them if the fraud is
discovered later on. To address this, the following safeguards are recommended as key
elements of risk profi ling to prevent such GST frauds:
1) Scrutinizing and verifying registered taxpayers through risk profi ling to identify fraudsters
involved in fake invoices at an early stage. Verify GSTIN via IRIS Peridot App and confi rm the
authenticity of the taxpayer.
2) Focusing on sectors that have historically been prone to tax evasion.
3) Maintaining a database of off enders involved in fraud to prevent them from re-entering the
system.
4) Considering certain risk indicators associated with these individuals or their
activities, such as:
• Having multiple registrations under the same PAN (Permanent Account
Number).
• Sharing common email addresses, mobile numbers, addresses, authorized
signatories, or promoters.
• Allowing individuals whose registration application was rejected or whose
registration was canceled to reapply.
• Noting l ive registrations under the same PAN within the CGST jurisdiction
where an off ense has been reported by the SGST authorities.
By implementing these measures and conducting comprehensive risk profi ling,
authorities can enhance their abil ity to detect and prevent GST frauds, ensuring
a more robust and trustworthy tax system.
IDENTIFYING FAKE INVOICES
UNDER GST AND HOW TO
DTheE staAndaLrd o peWratingI pTrocHedur e fTor dHetecEtingM and tackling fake invoice fraud in GST involves several steps. Here is a simplifi ed explanation of the process:
1. Identifi cation
The fi rst step is to identify entities involved in generating fake invoices. Risk parameters
are used to identify these entities, such as:
• Multiple GSTIN registrations for one address or PAN.
• Incomplete or incorrect addresses used for GSTIN.
• Taxpayers dealing with sensitive commodities.
• Common email addresses, mobile numbers, addresses, authorized signatories, or
promoters for multiple GSTINs.
• Mismatch between declared premises and volume of goods transacted.
• Mismatch between transaction details in GST returns and e-way bil ls generated.
• PAN involved in any “fake invoice” or other GST frauds appearing in GSTR1A or GSTR 2A.
• Abnormal uti l ization of Input Tax Credit (ITC), such as above 95%
2. Investigation
The aim of the investigation is to establish that there was an actual supply of goods or
services by the supplier who issued the fake invoices under GST. This involves steps such
as:
• Conducting searches of declared premises to prove the lack of or inadequate
manufacturing facil it ies.
• Checking indicators l ike electricity and water consumption that don’t match the
declared quantity of goods manufactured.
• Lack of facil it ies and space to handle the traded goods.
• Suppliers of invoices have no premises for dealing with the goods.
• Non-existence of required inputs, input services, or valid
clearances/l icenses/permissions.
• Lack of necessary agreements between entities.
• Absence of e-way bil ls.
• Fake vehicle numbers shown in e-way bil ls or invoices.
• Comparing details provided to other agencies l ike Income Tax and Registrar of
Companies.
• Cross-referencing vehicle details with records from the Regional Transport Offi ce (RTO).
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