The Delhi High Court has expressed serious concern over cases of fraudulent GST registrations obtained by misusing the PAN and Aadhaar details of unsuspecting citizens, giving the Centre and Delhi Police a final opportunity to devise an effective mechanism to prevent such fraud.
The court observed that if the allegations made in the petitions are correct, fraudulent GST registrations are being obtained on a large scale in the names of innocent people, exposing them to substantial tax liabilities and causing revenue losses to the government.
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A Bench of Justice Anil Khetarpal and Justice Shail Jain passed the order while hearing two petitions. One of the petitions was filed by a woman named Neha, who alleged that another person had used her PAN and Aadhaar details to obtain a fraudulent GST registration in her name.
The court noted that this was the second such case before it. The Bench observed that, if the allegations were found to be correct, they indicated that fraudulent GST registrations were being carried out extensively using the identities of innocent citizens. Such registrations can leave individuals facing tax liabilities arising from businesses with which they have no connection.
Court Suggests Facial Recognition And Video Verification
During the hearing, senior advocate Tarun Gulati placed several technological and administrative measures before the court to prevent misuse of PAN and Aadhaar details. One of the key suggestions was mandatory facial recognition of every GST registration applicant against the Aadhaar database.
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The proposals also included video-based verification. Under the suggested system, an applicant would have to upload a 20-to-30-second video showing their face and the original PAN and Aadhaar cards. The applicant would also be required to read out a system-generated prompt containing their details and a unique code. The measure is intended to reduce the possibility of third parties using stolen or misused identity documents to obtain GST registrations.
IP Tracking And Physical Verification Proposed
Another proposal was to record and preserve the IP address and device location used while submitting a GST application. The information would remain available with the GST portal and the concerned jurisdictional authority so that it could be examined later if the identity of the person who submitted the application is disputed.
To identify shell or fraudulent businesses, the suggestions included mandatory physical verification of the proposed principal place of business before granting GST registration. Alternatively, a risk-based system could be used to conduct random physical inspections of GST-registered businesses twice a year.
Real-Time Alerts And Additional Safeguards
The proposals further called for real-time data sharing between the GST and Income Tax departments. Under such a system, a PAN holder could receive an immediate alert whenever their PAN is used to obtain GST registration. The system could also flag sudden and significant increases in turnover for further scrutiny.
Other proposed safeguards include alerts through DigiLocker, specific risk parameters for PAN-Aadhaar mismatches and additional checks when a PAN or Aadhaar number is being used for GST registration for the first time. Applicants could also be required to provide details of identifiable persons who can corroborate their identity and confirm the existence of the proposed business.
Centre And Police Given Final Chance
The Bench recorded that the respondents had not disputed that fraudulent GST registrations using the PAN and Aadhaar details of innocent citizens had become a serious problem since the implementation of the Central Goods and Services Tax Act, 2017. The court observed that nearly nine years had passed, yet authorities had failed to effectively curb the malpractice.
The court also expressed concern that an officer deputed by Delhi Police to assist it was unaware of the issue despite its seriousness. The Bench has now given the CGST Commissioner, DGST Commissioner and Delhi Police Commissioner a final opportunity to find an effective solution.
The court warned that if the authorities failed to take effective measures, it would have no option but to pass appropriate and effective orders. The matter has been listed for further hearing on September 8.
What Happens Next?
The Delhi High Court’s intervention puts the spotlight on the need for stronger safeguards against identity misuse in GST registrations. With the Centre and Delhi Police given a final opportunity to address the issue, the next hearing on September 8 is expected to indicate what measures authorities propose to prevent fraudulent registrations and protect innocent PAN-Aadhaar holders from wrongful tax liabilities.
About the author — Ayesha Aayat writes on cybercrime, digital safety, and emerging online threats. Her work focuses on public awareness, legal clarity, and technology-driven risks.
