New Delhi: Tax officials must avoid "fishing inquiries" into goods and service tax (GST) related matters, specify the nature of the investigation in formal letters to designated company officials, and avoid vague expressions in letters and summons, under new guidelines from the Directorate General of GST Intelligence (DGGI).
New Delhi: Tax officials must avoid "fishing inquiries" into goods and service tax (GST) related matters, specify the nature of the investigation in formal letters to designated company officials, and avoid vague expressions in letters and summons, under new guidelines from the Directorate General of GST Intelligence (DGGI).
This is part of the authority's effort to put in place procedures that are in sync with ease of doing business, said two persons informed about the development, one of them a government official.
The guidelines, a copy of which was seen by Mint, said that when starting a probe or seeking information which are based on records or are reflected in the statutory books of account or filings, then letters should be written to the designated officers of the business instead of issuing summons.
This procedure applies in the case of a listed company, or state-owned enterprise, government department or agency or any other authority, the guidelines said.
Such letters have to specify the reasons for investigation and the legal provisions. Any divergence from this practice at initial stage must be backed by written reasons, the guidelines said.
The new procedures are issued after extensive consultations at the DGGI Annual Conference held in Goa last November, said the official.
In letters seeking information or documents from regular taxpayers, instead of referring to inquiry "against" an entity, the reference can be to inquiry "with respect to" that entity. Also, a summons should not be used as means to seek information filled in formats or pro forma.
Vague or general expressions, such as 'GST enquiry' or 'evasion of GST' or 'GST evasion' etc should not be mentioned in the letter to a regular taxpayer. Such letters should disclose the specific nature of the inquiry being initiated, the guidelines said.
Information available digitally or online on the GST portal should not be called for under letter or summons, the guidelines said. Before summoning any information or document from a regular taxpayer, the propriety of what is being sought must be recorded, ensuring that it is holistic and result of preparation, so as not to have repeated issuance of summons seeking piecemeal information.
"Addressing letter/summons with context or content akin to a fishing inquiry is not acceptable," said the guidelines.
The norms also specify that investigations have to be concluded in a timely manner. "An investigation initiated must reach the earliest conclusion which is not more than one year. It is not necessary to keep investigation pending till limitation in law approaches. Show cause notice should not be delayed after conclusion of investigation," said the guidelines.
The new norms also said that the closure report after the payment of government dues by the person concerned should also not be delayed and should have a brief self- explanatory narration of the issue and the period involved.
Emails sent to the spokesperson for the finance ministry and to DGGI on Thursday evening remained unanswered at the time of publishing.