The issue of fake/ bogus registration has became a menace for the government, regarding which Instruction No. 03/2023 dated 14th June, 2023 has been issued. The main aim of this instruction is to verify the applications for registrations. This would strengthen the process of scrutiny and will enhance the transparency of GST registrations. The emphasis has been given to physical verification of the place of business based on the Aadhar authentication of the applicant.
To know more, read in detail this instruction below:
1. Need for verification of registration
1.1 It has been found that people are obtaining fake registration without supplying the actual goods or services or both and claiming the ITC.
1.2 These are obtained by misusing the identities (PAN, Aadhar, etc) of other people without their knowledge.
1.3 In some cases, forged documents are used like forged electricity bills, property tax receipts, rent agreements, etc for obtaining the fake registrations.
1.4 Even in some cases, the identities of economically weaker section people’s have been used by giving them a nominal cash as a consideration in guise of government scheme.
2. Steps for the verification of application of registration
2.1 The proper officer will initiate the process of scrutiny of the application and will verify the details of the Form GST REG-01.
2.2 The first consideration is given to the uploaded documents. They are checked and cross verified on various parameters like they should be complete, relevant and legible.
2.3 Next consideration is given to the details of principal and additional place of business. They may be cross verified with the publicly available sources such as website of the concerned authorities like land registry, electricity distribution companies, municipalities, local bodies, etc.
2.4 The proper officer will also check the registrations which are obtained on the same PAN earlier, either in the same state or other states.
2.5 Due consideration and special attention may also be given in the following cases:
i) If registration obtained on the same PAN has been cancelled earlier;
ii) If registration obtained on the PAN is suspended at the time of verification of new application of registration;
iii) If place of business appears to be risky based on local risk parameters;
iv) If address proof of place(s) of business appears to be suspicious or doubtful
2.6 Risk parameters: In this step risk rating (high, medium, and low) of applications will be conducted by Directorate General of Analytics and Risk Management (DGARM) in coordination with GSTN, on the basis of data analytics and risk parameters.
2.7 The proper officer shall check the said risk rating of the concerned ARN and consider the same while verifying and processing the application.
2.8 Special attention shall be given to the cases where “High” risk rating has been assigned to an ARN.
2.9 In the next step, if the application is found to be deficient, in terms of any information or documents, then deficiencies shall be communicated electronically in the FORM GST REG-03 as a notice within the period of seven working days from date of submission of the application.
2.11 The proper officer may seek clarification in the following cases:
Cases | Clarification |
1.Any document is incomplete or not legible | Provide complete or legible copy |
2.Address of place of business doesn’t match with the uploaded documents or the document does not appear to be a valid proof | Upload additional documents for confirming address details |
3.Address of place of business is incomplete or vague | Provide complete and unambiguous details with documentary proof |
4.If GSTN linked to the PAN is found to be cancelled or suspended | Clarification or reason to be provided for the same by the applicant |
2.12 After receiving the notice, the applicant shall furnish the reply in the FORM GST REG-04 within seven working days from receipt of such notice.
2.13 The diagram given below explains the procedure to be adopted by proper officer pursuant to issuance of deficiency notice.
2.14 Physical verification of place of business: If the applicant has either failed to undergo the Aadhar authentication or has not opted for the same, then officer shall initiate the process for physical verification in accordance with the Rule 9 of CGST Rules read with the Rule 25.
2.15 The verification report along with the other documents, including photographs, shall be uploaded in FORM GST REG-30 on the portal within a period of fifteen working days following the date of such verification.
2.16 Further, if applicant has undergone the authentication of Aadhar and the proper officer is of the view that physical verification is essential for checking the authenticity of the applicant, then he can conduct the same in the time bound manner.
2.17 Till the time a functionality for marking the physical verification is made available on the portal or ACES-GST application, then the concerned Centralized Processing Centre (CPC) officer may ensure to get the physical verification of the place of business done in coordination with the jurisdictional officers of the concerned Division/Commissionerate.
3. Physical verification of place of business shall be mandatorily done within 15 days from date of registration in the cases of deemed approval of grant of registration, cases mentioned in the point 2.5 above, cases of “High” risk rating, and where the physical verification of place of business is not conducted before the grant of registration.
4. The concerned Commissionerate may get such physical verification of the place of business got conducted, wherever required on the basis of various risk parameters and risk ratings as per ADVAIT/BIFA or reports provided by DGARM.
5. Supervision by Designated officers: The principal Chief Commissioner/ Chief Commissioner of the CGST Zones may supervise the process of registration closely and special consideration will be given in the cases of deemed approval of grant of registration.
Our Remarks
6. Rule 25 vests the jurisdiction in Proper Officer to conduct physical verification based on his satisfaction. However, this instruction is mandating them to conduct physical verification in specified circumstances, thus, taking away jurisdiction from them.
7. Further, we observe that applications for registrations are being processed by CPC which is again not in accordance with law. Unless the “Proper Officer” is vested with such powers by Hon’ble Commissioner, GST, the Jurisdictional officers continue to be the Proper Officer for processing of applications for grant of registrations.