Hello Auditor

What are the powers of tax officers under GST?

Inspection and Search Authority

  • Tax officers can inspect any place of business if they suspect tax evasion or fraud
  • Inspection must be authorized by an officer not below the rank of Joint Commissioner
  • Officers can search premises where goods, documents, or accounts are concealed
  • Search can include godowns, transport hubs, and agents’ premises
  • A proper authorization form (GST INS-01) is required for legal validity

Seizure and Detention

  • Officers can seize goods, books, or documents to prevent tampering or disposal
  • Detention can occur if e-way bill or invoice is missing or incorrect during transit
  • Seized goods must be listed in a memo and preserved safely
  • Goods can be provisionally released on payment of tax and penalty
  • If seizure is unjustified, goods must be returned without cost

Demand and Recovery

  • Officers can issue show cause notices and raise tax demands after scrutiny or audit
  • Tax can be recovered through bank attachment, property seizure, or business assets
  • Recovery actions follow prescribed procedures to protect taxpayer rights
  • Orders under Sections 73 (non-fraud) and 74 (fraud) lead to demands and penalties
  • Taxpayers have a right to respond before final recovery steps

Audit and Assessment

  • Officers can initiate departmental audits to verify compliance and accuracy
  • Authorized officer may inspect books and cross-check supplier/buyer records
  • Special audits can be ordered by the Commissioner through a Chartered Accountant
  • Scrutiny of returns may lead to assessment or reassessment
  • Best judgment assessment can be made if returns are not filed or information is inaccurate

Access and Surveillance Powers

  • Officers can access taxpayer records electronically through the GST portal
  • Digital trails and reconciliations support investigation into mismatches or irregularities
  • CCTV footage, call logs, or cloud data may be accessed in extreme cases under legal sanction
  • Officers can summon individuals under Section 70 to appear for inquiry
  • Misuse of authority is subject to redress through grievance mechanisms or courts

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