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1. Identification of Risky Exporter • In fully automated refund process, The board identified various cases where exporterly fraudulently claimed excess refund by either of the following ways: • Exporters claimed ITC on basis of ineligible documents or fraudulently and utilised such excess ITC for payment of IGST on export of goods or • There is huge variation between the FOB value declared in the Shipping Bill and the Taxable value declared in GST Return to effect higher IGST pay out leading to encashment of credit.
2. Verification and Examination of Risky Exporter • Accordingly, vide Circular No. 16/2019-Customs dated 17th June, 2019, CBIC specified mechanism to verify the IGST Payment for goods exported out of India. Instructions issued vide Circular No. 16/2019-Customs dated 17.06.2019 is as follows:DG (System) shall identify the risky exporters on national level and shall share the details of such exporters with Risk Management Centre for Customs (RMCC) and respective Chief Commissioners of Central Tax. • RMCC shall insert the alert for risky exporters in system and 100% examination of all export cosignments shall be mandatory for such risky exporters. Also, IGST refund of such exporters shall remain suspended.
3. Challenges Faced by Risky Exporters • No specific given criteria to identify Risky Exporter • Timelines not adhered by GST Authorities • Non responsive escalation system • Authorities changes timelines in their favour: • Never ending Verification of L1 and L2 vendors: • Lack of Knowledge of verification process to be adopted once identified as Risky Exporter