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CBIC looks for public feedback to check GST avoidance by e-tailers

  • 20 Aug 2019
  • jins
  • Tax Update
  • Comments Off on CBIC looks for public feedback to check GST avoidance by e-tailers

Before considering Customs laws, the Central Board of Indirect Taxes and Customs (CBIC) is looking for public input on checking duty and GST evasion allegedly by ecommerce companies situated outside the nation.

The CBIC is searching for tech-empowered solutions to guarantee duties are paid effectively and to make imports through express messenger consistent, as indicated by custom authorities and others in the know of the matter.

The arrangement should enable clients to get deliveries quicker and free up from red tape those courier services and abroad ecommerce business firms that are happy to do business legitimately, an authority said on the state of anonymity. “We’re available to suggestions, including changing laws to present a flat rate of duty and GST for courier imports, yet the system should be consistent,” said a senior Customs official.

The CBIC has asked community platform LocalCircles to gather the input. In fact, there were 340 remarks from people and other community individuals in response to a blog post by LocalCircles on the issue. The proposals included compulsory registration of all overseas ecommerce substances in India and information captured at single source inside the CBIC. A flat rate on imports through express courier and denying overseas ecommerce business transactions from being named as B2B transactions through local partners, were different recommendations.

The government has effectively looked for suggestions internally on how to curb duty avoidance, another senior Customs authority told ET. A system to deduct customs duty and GST when consumers pay could be one solution to stop avoidance, he said.

The government has taken action against ecommerce business imports named as duty free ‘gifts and samples’. It has blocked clearance of every single such parcels at express courier ports in Mumbai, Delhi and Bengaluru. After the move, these ports have seen an intense decrease in the number of incoming gifts, yet other ports keep on clearing such gifts.

Our strategies for duty avoidance, as well, have been flagged.

In June, customs authorities in Mumbai seized more than 500 huge consignments of Chinese ecommerce firm Shein and sealed a distribution center of its Indian reseller Sino India Etail for underestimating goods imported through the low-value(under Rs 1 lakh) consignment route. Sino India Etail was only one of a dozen or so firms against which action had been taken. The company fits in with local laws and pays taxes correctly and on time, it said already.

Imports already make up around 7-8% of India’s overall ecommerce market by worth and are growing quicker than the general market pace, an expert following the ecommerce business segment at one of the Big Four consulting company said.

Despite the fact that Amazon.com is a sizeable player in ecommerce business imports, a critical bit of such imports is by Chinese ecommerce based business firms that purposely evade taxes and duties.

Contact Certicom Consulting for any further queries

Two traders captured for Rs 50 crore IGST refund fraud

  • 15 Jul 2019
  • jins
  • GST Updates
  • Comments Off on Two traders captured for Rs 50 crore IGST refund fraud

The Belapur Central GST Commissionerate captured two traders for allegedly floating more than 50 shell companies to deceitfully to benefit IGST refunds after GST council as of late issued rules to control refund related frauds, people in the know told ET..

Sources said Ajay Gopinath Mishra and Ramesh Chandra Bhatt profited IGST refund by indicating fare of textile goods over Rs 350 crore and gathered IGST refund of over Rs 50 crore between January and May. The said amount was discounted by the traditions to these exporters at the port of export.

“The IGST was paid utilizing input tax credit (ITC) which has been observed to be deceitful,” said one of the authorities.

An authority clarified that non-existent providers issued invoices for going of the ITC used for payment of IGST on exported goods and IGST refund is guaranteed. These organizations were made by utilizing the PAN and Aadhar Cards of different un-suspecting people through whom GST refunds were being claimed.

“For this situation as well, the Belapur Commissionerate authorities uncovered a syndicate of more than 50 organizations, for example, H.A. Creation, A.S. Fashion, Ritiesh Creations, R.D. Creation, Bamane Enterprises were drifted to falsely get advantages of IGST refunds,” revealed the authority. “Nobody has really paid the IGST on which ITC was benefited by the exporter.”

During investigation, a source stated, the bank accounts declared to the department at the time of getting GST registration certificate were supposedly not quite the same as the bank account declared to the Customs specialists with the end goal of IGST refund. The probe additionally uncovered that while a large portion of the suppliers and CHAs are situated at Delhi, the premises of dummy exporters are registered in Mumbai.

Besides, reports, for example, purchase documents, export documents, cheque books, signed blank cheques, ATM debit cards and PIN of around 50 ownership firms were recovered from the workplace premises of the mastermind.

“Both the people in their announcement have conceded that they were the custodian of the bank documents of all the ownership firms,” the authority further added.

“The investigations has uncovered that fictitious providers issued invoices for passing of the ITC which was used for payment of IGST on exported goods and claiming IGST refund of the same. This reality was additionally collaborated by the discoveries that none of the providers down the line have produced compulsory E-way Bills for the purported supplies made to the exporters. Hence whole ITC profited by the exporters was discovered deceitful,” said Shrawan Kumar, Commissioner, CGST.

Earlier in June the Central Board of Indirect Taxes and Customs (CBIC) asked director general (systems) to distinguish a list of “risky exporters” and share it with customs and GST officials. From that point CBIC issued a circular dated June 17, 2019 giving a time bound system to check the IGST payments for goods exported out before sanctioning IGST refund in suspicious and risky cases.

“The new mechanism would guarantee that such cheats are curbed while facilitating real exporters,” included Kumar.

For more details or queries, please contact Certicom Consulting.

Service Providers may now choose composition scheme till July 31

  • 12 Jul 2019
  • jins
  • GST Updates
  • Comments Off on Service Providers may now choose composition scheme till July 31

The tax office has stretched out by a quarter of a year till July 31 the due date for service providers with turnover of up to Rs 50 lakh to settle on the composition plan and pay six percent goods and services tax (GST). The GST Council, led by Finance Minister and involving state partners, has allowed such service providers to opt for composition scheme and pay taxes at decreased rate of six percent starting April 1, 2019.

This is against the higher rates of 12 and 18 percent required for most services under GST.

In a round, the Central Board of Indirect Taxes and Customs (CBIC) said providers who need to opt on composition scheme would need to file Form GST CMP-02 by choosing ‘some other provider qualified for composition demand’ most recent by July 31, 2019.

The CBIC had earlier checked April 30, 2019, as the due date for service providers to go for the scheme.

The GST composition scheme was so far accessible to traders and manufacturers of goods with a yearly turnover of up to Rs 1 crore. This threshold also has been expanded to Rs 1.5 crore from April 1.

Under the scheme, traders and makers are required to pay only one percent GST on goods which generally draw in a higher levy of either 5, 12 or 18 percent. Such sellers are likewise not allowed to charge GST from the clients.

Of the 1.22 crore business enlisted under GST, about 17.5 lakh have so far selected the composition scheme.

For more info and queries, please contact Certicom Consulting.

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