Page 63 - GSTL_26th March 2020_Vol 34_Part 4
P. 63

2020 ]                 DEPARTMENTAL CLARIFICATIONS                    C7
                       examination of the information, so obtained by him about the business
                       entity to be inspected, and, his opinion as to how this information is a
                       cause of concern for the suspicion before authorizing the inspection.
                       The Proper Officer authorizing the inspection may, either on his own or
                       through the officers working under his jurisdiction, get conducted recce
                       of the place(s) to the inspected.
                       The Proper Officer authorizing the inspection may workout the
                       composition of inspecting teams  including the lady officers, if required ,
                       in consultation with such officers as he may deemed fit, and the available
                       information before him. In case, the inspection has been recommended
                       by the officers working  under his jurisdiction, he may consult such
                       officers for the composition of the inspecting teams.
                       The Proper Officer authorizing the inspection may consult Tax Research
                       Unit or any other Senior Officer(s)  of the Head Office  for  seeking
                       assistance for obtaining information or examining thereof before
                       authorizing the inspection.
                       The inspecting teams should follow the Standard Operating Procedures,
                       as prescribed under the Law, during the course of conducting inspection
                       and search and seizure in its true spirit with due diligence.
                       All the officers of the department are hereby directed to meticulously go
                       through these guidelines, the provisions of the Law and the Rules made
                       thereunder  and all other directions  issued from  time to time while
                       conducting the inspection of business premises.
               It is requested to bring this to the knowledge of all the officers working under
               your control for their information.

                                                                            Annexure 'A’
                       The Proper Officer not below the rank of Joint  Commissioner may
               authorize in writing other officers of the State Tax to conduct inspection of the
               business premises if there are reasons for him to believe that the taxpayer may
               commit or has committed any of the following offences.
                       •   Keeping unaccounted stocks
                       •   To obtain registration fraudulently
                       •   Falsifying his books of accounts or not maintaining books of accounts
                           truthfully
                       •   He is not maintaining or keeping his books of accounts
                       •   Furnishing returns by misrepresenting the facts or furnishing returns
                           fraudulently
                       •   Tax has not been paid or short paid
                       •   ITC has been wrongly availed or utilised
                       •   Refund has been wrongly claimed or obtained
                       •   The taxpayers is obtaining invoices  without getting supplies or
                           issuing invoices without making supplies
                       •   He is collecting tax which he is not authorised to collect
                       •   Tempers with or destroys any material

                                    GST LAW TIMES      26th March 2020      159
   58   59   60   61   62   63   64   65   66   67   68