Taxsutra & ELP Present - GST Audits, Summons, Prosecution & Arrest!

Course Duration:
190 minutes comprising of 2 episodes

Course Background:
Recently, the Hon’ble Chairman - CBIC, Mr. Vivek Johri made a statement in relation to GST Audits, “Apart from verifying that those who come into the tax base file their returns and pay their taxes, what we need to also look at now—and we have already started because it is very much part of any tax administration—is the need to scrutinize the returns properly to see that the data that has been turned in is valid and compares well with the financials which the business has reported. We will deal with this with scrutiny and audit“.  In this context, one can infer that this clearly indicates the Department’s intention to pick up the pace and catch up on the lost time in relation to undertaking audits. This consequently is expected to result in enhanced inquiry and scrutiny being faced by businesses.

What shall the course cover?
Against this backdrop, Taxsutra & Economic Laws Practice (ELP) have launched a special course on "GST Audits, Summons, Arrest & Prosecution". In this course, ELP’s Senior Partner and Co-head of Taxation Practice - Mr. Nishant Shah has deep-dived into the aforesaid theme, with a view to not only facilitate businesses, but also GST professionals in assisting their clients. 

The details of the course are here under:

Episode 1 –Practical insights into GST audits in light of applicable provisions along with an understanding of the powers, roles & responsibilities of authorities in the GST hierarchical structure.  
 
Key Highlights include the following:

• Regulatory & administrative structure of GST Authorities -Distinction and distribution of powers between administrative and investigating authorities
• Legal analysis of the powers of GST authorities to carry out investigation, search, seizure - The underlying provisions from where such powers are sourced and their limitations
• Conduct of GST Audit, Special Audit and assessment/ scrutiny and its process
• Practical aspects on dealing with such audit, investigation, search including payment under protest.

Episode 2 – Legal analysis of the provisions relating to summons, recording of statement, prosecution and arrest and practical do’s and don'ts for businesses in such a situation.
 
Key Highlights include the following:

• Issuance of summons – Discussion on rights of taxpayers during summon proceedings, acceptable modes of service of summons etc.
• Recording of Statement – Discussion inter alia on relevant provisions of Evidence Act, 1872
• Arrest – Bailable & Non Bailable / Non-Cognizable & Cognizable – Discussion on the legal structure existing in the country derived from various jurisprudence not only under the indirect tax but also CrPC and other relevant legislations relating to arrest, including anticipatory bail etc.
• Prosecution -The onerous journey of prosecution and how best to ride the same

Who should attend – CFO’s and Finance and tax managers of businesses, Professionals such as CS, CA, ICWA and tax practitioners dealing with GST Authorities.