2023 (2) TMI 881 - HC - GST

Seeking suspension of fake GST account (created in the name of street vendor, without his knowledge) - seeking direction to respondents to trace out the fraudsters/gang who had created fake GST Account without the knowledge of petitioner and further to ensure that other such fake accounts opened by the said gang is acted upon. HELD THAT - It is directed that the present petition be treated by the Commissioner GST/ State GST Authorities as a representation and the grievance of the petitioner be examined as per law. The petitioner shall disclose the identity of his friend to whom he claims to have handed over his identity documents, to the Police Authorities as well as to the State GST authorities. The petitioner shall fully cooperate with the concerned authorities and provide them all the information as required. In the event the petitioner s grievance is not allayed, the petitioner is at liberty to avail of such remedies as available in law. Petition disposed off.

Issues:
1. Unauthorized GST registration obtained in petitioner's name.
2. Allegations of fraudulent actions and filing returns without petitioner's knowledge.
3. Role of respondent authorities in addressing the petitioner's grievances.
4. Examination of petitioner's representation by concerned authorities.
5. Disclosure of identity of friend to whom petitioner handed over identity documents.
6. Direction for cooperation with authorities and available legal remedies.

Issue 1: Unauthorized GST registration obtained in petitioner's name
The petitioner, a street vendor, discovered a GST registration under a firm's name misusing his identity documents. The firm was registered with the GST Department without his knowledge or consent, leading to potential GST liabilities and returns filed without his awareness.

Issue 2: Allegations of fraudulent actions and filing returns without petitioner's knowledge
The petitioner raised concerns about potential GST demands due to fraudulent actions by unknown individuals who registered the firm in his name. The petitioner also highlighted that the unknown persons have been filing returns without his authorization, causing further distress.

Issue 3: Role of respondent authorities in addressing the petitioner's grievances
The respondent authorities, including the GST Commissioner and Directorate of Revenue Intelligence, clarified that they were not directly involved in the unauthorized registration issue as it falls under the State GST authorities' jurisdiction. The Delhi Police accepted a representation from the petitioner for examination.

Issue 4: Examination of petitioner's representation by concerned authorities
The Court directed the State GST authorities to treat the petition as a representation and examine the petitioner's grievance as per the law. The petitioner was instructed to cooperate fully, disclose the identity of the friend to whom identity documents were given, and provide necessary information to the police and GST authorities.

Issue 5: Disclosure of identity of friend to whom petitioner handed over identity documents
The petitioner was directed to reveal the identity of the friend to whom he handed over his Aadhar Card and PAN Card for obtaining a loan. This disclosure was deemed essential for the investigation and resolution of the unauthorized registration issue.

Issue 6: Direction for cooperation with authorities and available legal remedies
The Court emphasized the petitioner's cooperation with authorities and granted liberty to avail of legal remedies if the grievance remained unresolved. It was clarified that the Court did not express any opinion on the allegations' merits, disposing of the petition accordingly.

← Previous Next →