GST

UP GST-Body worn camera videography must during SIB investigation.

UP GST-Body worn camera videography must during SIB investigation. Functioning of SIB Unit- Procedures to be adopted before , during and after the investigation-Circular

Commissioner UP GST (Commercial Tax) has issued a circular regarding functioning of Special Investigation Branch (SIB) Unit in GST

According to the circular, under section 67 of the UP GST Act 2017 (the Act) provides detailed procedures for inspection and search of persons, business premises, godowns and other places, however, on the implementation side of the said provisions, continual queries are raised from the field offices. Also, while addressing to such queries, the Head Office has increasingly felt that during the investigation, field units do not gather enough information before such action and complete preparation is not done. Also, selection of the dealer/businessman is also not done objectively.

In view of the above, detailed directions have been issued for making the functioning of SIB more effective and to being uniformity in action.

The directions have been grouped under three broad categories;

(a) Procedures to be adopted before investigation

(b) Procedures to be adopted during investigation

(c) Procedures to be adopted after investigation

It has been provided that before investigation, a profile of the dealer shall be made by correlating the available online information with factual information obtained from other departments i.e., Income Tax, Labour, Electricity, Mining etc. , help can be taken from gathering information of goods traded from TV, radio, News Papers, Trade journals. Business Competitors, dissenting employees, suppliers, transporters can also be source of the information.

Before departing for action scene, the Joint/Addl. Commissioner (SIB) shall form the teams and allocate the work. Each Team Leader should obtain knowledge of rootmap,  layout of building, exit points, secret chambers etc. If there is probability of female presence at the place, then female officers must be inducted in the Team. Authorisation in INS-1 shall be given to all members of the team before departure. INS-1 should be properly filled and blank INS-1 is illegal.

It has also been directed that the whole investigation shall be video graphed using body worn Cameras.

On payment of applicable tax, interest and penalty, the seized goodsshall be released else, the goods shall be kept in the custody of the department and if not feasible shall be handed over to owner or the custodian who shall not deal with it without permission.

It has been provided the with respect to the seized records, giving excerpts or their copies can adversely affect the investigation, they shall not be provided.

SIB shall complete the investigation within 90 days including the time spent on summoning persons, witnesses etc. However Jpint Commissioner has been authorised to increase the time.

If during the investigation, any crime is found to be committed as stipulated in section 132, then arrest can be made with permission of Commissioner GST   

Download Circular Click Here >>

Share

Recent Posts

  • Income Tax

Plea that assessee was not aware of order cannot be brushed aside in absence of proof of service

Ground taken by assessee that he was not aware of the order cannot be brushed aside so lightly in absence…

10 hours ago
  • Income Tax

Order rejecting stay of income tax demand should recite merits if it is a case for stay or not

In an order rejecting stay of income tax demand there should be a recital of the merits whether it is…

1 day ago
  • Income Tax

CBDT extends due date of tax audit for FY 2025-26 to 21st October 2026

CBDT has extended the due date for furnishing Return of Income for Assessment Year 2026-27 (FY 2025-26) in respect of…

1 week ago
  • Income Tax

Denying accumulation of u/s 11(2) merely on grounds of delay in filing Form No. 10 is unsustainable

Denying the accumulation of u/s 11(2) merely on grounds of a procedural delay in filing Form No. 10 is unsustainable…

1 week ago
  • Empanelment

Engagement of 05 Young Professionals CAs at Central Registrar of Cooperative Society

Engagement of 05 Young Professionals CAs in the Office of Central Registrar of Cooperative Society on contractual basis The office…

1 week ago
  • Income Tax

AO can’t take two different stands on immunity u/s 270AA(2) for a same transaction

Immunity u/s 270AA(2) in respect of a single transaction can not be denied to one assessee when the penalty was…

2 weeks ago