Delhi HC directs GST department to make biometric Aadhaar authentication mandatory for registration
Taking note of the large number of fraudulent GST registrations, the Delhi High Court has directed GST authorities across the country not to allow GST Registration without biometric-based Aadhaar authentication. It has also urged the tax administration to examine 10 points suggested by Senior Advocate Tarun Gulati to check fake registration. In an interim order, a division bench of Justices Anil Kshetarpal and Shail Jain, said that it is compelled to request the competent authorities to rise to the situation, which has resulted in loss of revenue to the government and harassment of innocents. “The authorities are expected to take up the matter with all seriousness,” it said in the order pronounced on September 8 and made public now. Further, it noted that lawyers of the tax department had failed to draw attention to any difficulty in mandating biometric-based Aadhaar authentication of GST registration. Hence, “for the time being, directions are issued to authorities across the country not to allow any GST registration without biometric-based Aadhaar authentication henceforth,” it said. Further, the authorities can file any practical difficulty in the implementation. The bench highlighted answers given by the Minister of State in the Finance Ministry on the floor of the Rajya Sabha, where it was said that in 2023-2024, there were 2,800 fraudulent GST registrations, obtained by using stolen or frozen PAN/ Aadhaar details, and detection of ₹15,085 crore of tax evasion. Similarly, in 2024-2025, the number of fraudulent GST registrations stood at 1,654 and tax evasion of ₹13,109 crore was detected. “It appears that despite passage of more than one year, the statement given by the minister on the floor of the House has not been fully implemented, resulting in continuous fake GST registration obtained using stolen or frozen PAN/ Aadhaar details,” the bench said. It also hoped that the authorities would examine the suggestions given by Tarun Gulati, Senior Advocate. Some of the suggestions by Gulati include, mandatory facial recognition of the applicant with the Aadhaar database for all registrations. Second, video-based verification of the PAN and Aadhaar should be made mandatory by requiring the applicant to upload a 20-30 second video in which he/ she shows his/ her face, along with the original PAN card and Aadhaar card before the camera, holding each document for a minimum of 5 seconds. Third, the IP address and device location used at the time of filing the application should he preserved by the GST common portal as well as the jurisdictional authority sanctioning the application and granting registration Fourth, mandatory physical verification of the proposed principal place of business should be undertaken by the GST Department prior to the grant of registration, rather than such verification being confined to cases flagged as high-risk. Fifth, real time sharing of data with the Income Tax department, which should also in real time send a message and email to the PAN holder that his/her PAN has been used for GST registration. Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments. We have migrated to a new commenting platform. If you are already a registered user of TheHindu Businessline and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.