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May 23, 2022

Representation regarding the sub: Beyond law use of power by GST officer to diffuse the objective of make in India and ease of doing business by creating tax terrorism.

by CA Shivam Jaiswal in GST

Representation regarding the sub: Beyond law use of power by GST officer to diffuse the objective of make in India and ease of doing business by creating tax terrorism.

To,
Smt. Nirmala Sitharaman
Minister of Finance and Corporate Affairs Government of India
Through,
Shri Satish Poonia
State President Rajasthan Bhartiya Janta Party.

Sub: Beyond law use of power by GST officer to diffuse the objective of make in India and ease of doing business by creating tax terrorism.

Respected Madam, Greetings..!!

In reference to above mentioned subject, we wish to draw your attention on the following issues of serious concern where the officers of the GST use their power which was even not provided in the law to meet their personal objective with the motto of tax terrorism which diffuse the objective of make in India and ease of doing business which was as pronounced by the Hon. Prime Minister of India

Some of the key area where the trade and industry were facing the tax terrorism due to lack of accountability on the officers.

1. Tax terrorism in GST registration

The GST registration was rejected even if the prescribed procedure as define in the rule was followed and the said application which was rejected earlier now approved which was filed with the same set of the document and same process, if the concern person meet with the officer and fulfill his personal wish

(Note:- the system will forward the second application to the same officer automatically)

apping of Principal place of business which does not matches with the exact address.

Further the powers were misused because there is no accountability on the officer and there is no fix SOP for the registration.

Some of the Example of Reasons for Cancellation of Registration mentioned are-

  1. Office closed (even though the visit was done not in office hours)
  2. Source of Income, lOyears income tax return
  3. Chain of documents of title of ownership of property even though Registry Copy submitted, etc.

We would also request that the person who had issued the show cause notice will not adjudicate the case.

2. Rejection of Refund Application

The refund was processed by the proper jurisdictional Officer due to which he has always a liberty to create tax terrorism with the objective to defame the objective of make in India as pronounced by the Hon. Prime Minister, the refund application which was filled with all set of documents were not processed within the time period as prescribed under law i.e. 60 days and some of the persons who meet with the officer and satisfied his personal needs, the application filled later was processed first, in simple word we can say the FIFO method for disposing the application as suggested by the GOI was neglected and never been followed, in some of the cases if refund application was approved then a payment order for the same was not done because of their personal wants for creating tax terrorism and beyond the law show cause notice were issued to reject the same, therefore we request GOI to take cognizance on the same.

Further in many cases, refund to exporters are being stopped from last more than 2 years without mentioning any written reason for the same and just saying verbally that you are tagged as Risky Exporter. No responses to documents and information submitted for the same given to registered tax payers.

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