bogus invoices of around Rs 685 crore busted

On the basis of specific intelligence as well as further data mining/analysis on GSTN and E way bill portals, the officers of CGST Delhi South Commissionerate, have busted a syndicate of firms involved in availing invoices/E-way bills issued on the GSTIN of fake/dummy firms and getting Refund of IGST on the strength of such fake Invoices.

A case was booked against M/s. Baan Ganga Impex having their Principal Place of Business at L-10A, Ganga  Tower, Mahipalpur, New Delhi-110037 (GSTIN 07AAMFB0425A1Z4).

From preliminary scrutiny of the seized documents, the data/information available on E-way Portal/GSTN portal, it is found that M/s Baan Ganga Impex, New Delhi has availed Invoices from non-existing 48 entities creating a web of suppliers among themselves and passing on ITC to each other. Finally, the ITC from all the suppliers is passed on to M/s Baan Ganga Impex which in turn avails refund on the strength of export of goods procured from the unregistered suppliers.  The nexus has used fabricated vehicle numbers to generate e-way bills which were found to be of two wheelers, buses, JCB, private cars and Ambulance etc.

In total M/s Baan Ganga Impex has availed the invoices from the fake entities amounting to Rs. 685 crore (approx.) involving GST of Rs. 50 crore (approx.) and succeeded to get refund of Rs. 35 crores (approx).

Shri Rakesh Sharma, Partner of M/s Baan Ganga Impex being the main beneficiary of the said nexus and dealing with all operational activities of the firm, has been arrested on 09.11.2020 and was produced before the Metropolitan Magistrate, Saket Courts on 09.11.2020, after the medical examination and COVID test.  Shri Rakesh Sharma has been sent to judicial custody for 14 days by the Metropolitan Magistrate. Further investigations are in progress.

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GSTN has kicked off a multi-city campaign on E-Invoice, in partnership with trade bodies- CII, FICCI, ASSOCHAM, PHDCCI and NASSCOM. GSTN conducted special demo sessions in 7 cities namely New Delhi, Chennai, Hyderabad, Jaipur, Bengaluru and Pune in the month of December 2019.

Over 100 software and product development companies in the accounting and billing space e.g. invoicing and billing software, solution providers for GST, GSPs, ASPs, etc. have actively participated in this multicity initiative, so far. Participants invited from industry bodies included representatives of top business software organisations such as Microsoft , TCS, Infosys, Wipro, HCL, Tally, Oracle, Busy and Sap participated in the workshop. GSTN would continue to conduct such briefing sessions at various key cities across the country.

Speaking on the occasion, Mr Prakash Kumar, CEO-GSTN said, “The session was the next step of what was approved by the GST council as the standard of e-invoicing during its 37th meeting held on 20th Sept 2019. The council also published the schema on its portal. Recognising the abstruse nature of the procedure, the GSTN felt the need to come up with an explanatory document to clear all kinds of confusions.”

The GST Council has approved the introduction of E-invoicing in a phased manner for reporting of business to business (B2B) invoices to GST System, starting from 1st January 2020 on a voluntary basis. The machine readability and uniform interpretation is the key objective. This is also important for reporting the details to the GST System as part of Return. Apart from the GST System, adoption a standard will also ensure that an e-invoice shared by a seller with his buyer or bank or agent or any other player in the whole business ecosystem can be read by machines and obviate and hence eliminate data entry errors.

“No changes are required as far as the businesses are concerned as they will continue to use the same software with same user interface to generate the e-invoices such as ERP, accounting and billing software, excel based billing system etc. The companies which have developed the ERP or billing software will have to make changes in their software codes to make them conform to the approved standards.” Added Mr Prakash Kumar.

E-Invoice or Electronic invoice is generated by a large number of businesses today. However, they all use the format as provided by the ERP or billing software they use. Lack of a standard format leads to a scenario where e-invoice generated on one billing software can’t be read by another, requiring manual data entry from electronically generated invoice. A standard e-invoicing system will ensure complete inter-operability of e-invoices across the entire GST eco-system and will eliminate the need for manual data entry mitigating chances of errors.The e-invoice standard was drafted in consultation with trade/industry bodies and ICAI and the same has now been approved by the GST Council. The workshop focusses on standardisation of e-invoicing across business software platforms.

Apart from developing synergies with the business software providers, GSTN is also trying to clarify misconceptions and doubts about e-Invoice through other channels. The document uploaded on the web portal https://www.gstn.org/e-invoice/ is an attempt to explain the concept of e-invoice, how it operates and basics of standards. It also contains FAQs which answer the questions raised by people who responded to the draft e-invoice standard used for public consultation. It is expected that the document will also be useful for the taxpayers, tax consultants and the software companies to adopt the designed standard.

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In the proposed system of new GST Return filing, a normal taxpayer would have to file FORM GST RET-1 (Normal) (on either monthly or quarterly basis) or FORM GST RET-2 (Sahaj) / FORM GST RET-3 (Sugam) (both on quarterly basis). Annexure of supplies (GST ANX-1) and Annexure of Inward Supplies (GST ANX-2) will also have to be uploaded as part of these returns. For familiarization of stakeholders with the proposed New Returnssystem and to obtain their feedback/suggestions, to further improve the New Return Offline tool, the trial version of the Offline Tool was released on GST Portal in July this year.

So far the taxpayers could use the new return offline tool for preparation of the Form GST ANX 1 and create JSON file for upload on GST Portal. They could also download GST ANX 2 JSON file (details of inwards supplies as recipient) and import it in the tool. They could then import their purchase details in the tool and use matching tool built in the Offline Tool to compare it with the GST ANX 2 to identify purchases which have not been reported by supplier or reported but incorrectly. Based on outcome of matching Tool, they could also take actions of ‘Accept’, ‘Reject’ or keep ‘Pending’on these documents. They could also upload the JSON of GST ANX-2 on portal after taking actions.

With the release of the online version of GST ANX-1 and GST ANX-2, the supplier taxpayers have now been provided with a facility to fill in details of Business-to-Business (B2B), Business-to-Consumer (B2C) and Details of Supplies attracting Reverse Charge in their Form GST ANX 1, online, on the GST Portal directly. On saving these details by Supplier Taxpayer, records of Form GST ANX-1 will automatically flow to GST ANX 2 of the recipient taxpayer and respective tables of GST ANX-2 of the Recipient Taxpayer will thus get auto-populated on which he/she can now take ‘Action’ (Accept / Reject / Pending) on Form GST ANX-2 online.
Prakash Kumar, CEO-GSTN, said that, “We have released the online version of GST ANX-1 and GST ANX-2 of the New Return for the Taxpayers’ familiarisation with the upcoming system of filing New GST returns. The online version will provide working on real environment and we would appeal taxpayers and tax consultants to use the online features of GST ANX-1 & GST ANX-2 and share feedback to help us make changes/ enhancements wherever required.

So far thousands of stakeholders have taken part in the trial and given their feedback at https://selfservice.gstsystem.in/, by attaching screenshots and by uploading other relevant material. The feedback/ suggestions for improving the tool have been analysed and relevant ones have been incorporated in the second version of offline tool released last week. ”

In addition, GSTN partnered with Industry Bodies like CII, FICCI, ASSOCHAM and PHD Chamber of Commerce to create awareness and obtain their feedback/suggestions on the offline tool of New Returns. So far 13 training sessions in major cities such as Delhi, Mumbai, Kolkata, Bengaluru, Hyderabad, Kochi, Guwahati, Chandigarh, Pune etc. for Tax Consultants and Taxpayers have been held as part of this exercise and more such events are planned in 15 cities in near future.

About GSTN:
Goods and Services Tax Network (GSTN) is a Section 8 (under new companies Act, not for profit companies are governed under section 8), non-government, private limited company. Instituted in March 2013, the Company has been set up primarily to provide IT infrastructure and services to the Central and State Governments, tax payers and other stakeholders for implementation of the Goods and Services Tax (GST).

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