Misuse of gst number by adutior

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Sir my auditor misuse my gst number, I ran my company up to March 2021. Up to dec2020 I filed 3b returns. 3 months gst amount is 57000/- which I have not paid & pending amount and after that no transaction in my gst number to till date.but commercial tax department holded my bank account and issued the notice for gst tax amount of RS 12,68,601/- if I ask my auditor he is telling I don't know. He already changed the user I'd and password also. Now he is refusing to give the user id and password, what the solution whom I need to consult or complaint against  auditor. Please help me.

Replies (1)

Hi Hemanth,

This is a serious issue involving possible misuse of your GST number by your auditor, and you need to act quickly. Here are the steps you should take:


1. Immediately report to GST authorities:

  • File a complaint with your local GST officer or the Commissioner of GST explaining the situation.

  • Submit a written representation explaining that you have not conducted transactions post-March 2021 and that the GST returns filed beyond your knowledge were done without your authorization.

  • Request a forensic audit or investigation into the misuse of your GST credentials.


2. Change GST credentials:

  • Since your auditor changed the user ID and password, you need to regain control:

    • Use the "Forgot Username/Password" option on the GST portal to try to reset credentials linked to your registered email/phone.

    • If that doesn’t work, visit the GST office in person with proper authorization and ID proof to regain control.


3. File a police complaint:

  • Since this involves potential fraud and misuse of your GST registration, file a First Information Report (FIR)with the local police against the auditor.

  • This will help initiate criminal proceedings if necessary.


4. Consult a legal expert or tax professional:

  • Engage a lawyer or a reputable CA who can help you draft complaints, represent you before authorities, and protect your interests.

  • They can also help you prepare evidence to prove your innocence and non-involvement in the unauthorized transactions.


5. Rectify pending dues if legitimate:

  • If any of the amounts (like the pending Rs. 57,000 GST) are genuinely payable by you, arrange for payment to avoid further penalties.

  • However, for the suspicious Rs. 12.68 lakhs, you must clarify your position with authorities and not pay without resolution.


6. Future precautions:

  • Never share your GST login credentials with third parties.

  • Always keep control over your digital credentials and use authorized professionals with written agreements.

  • Regularly monitor your GST portal and return filings.


Summary:

  • Report misuse to GST authorities and police.

  • Regain GST portal access ASAP.

  • Consult legal and tax professionals for support.


CCI Pro

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