2024 (8) TMI 1388 - HC - GST

Provisional attachment of petitioner s Bank account - Invocation of jurisdiction of this Court under Article 226 of the Constitution of India - Seeking discretionary reliefs in relation to the attachment notice as issued under Section 83 of the CGST Act - HELD THAT - In rejoinder, petitioner has stated that his permanent address is at Rajasthan and at the time of filing rejoinder he is at Mumbai whereas in paragraph 1 of the petition he has stated that he is carrying on business at the address mentioned in cause title which is at Dahisar, Mumbai. This contradiction coupled with what is stated by respondents in their reply on petitioner being non-genuine goes on to indicate that petitioner is playing fraud not only on the Revenue but also on this Court and, therefore, it is not required to exercise discretionary jurisdiction in the present matter. Petition dismissed.

Issues Involved:
1. Jurisdiction under Article 226 of the Constitution of India.
2. Legitimacy of the Petitioner and the business transactions.
3. Allegations of fraud and forgery.
4. Compliance with procedural requirements.
5. Discretionary reliefs and suppression of facts.
6. Costs imposed on the Petitioner.

Issue-wise Detailed Analysis:

1. Jurisdiction under Article 226 of the Constitution of India:
The Respondents objected to the Petitioner invoking the jurisdiction of the High Court under Article 226, arguing that the Petitioner sought discretionary reliefs related to an attachment notice issued under Section 83 of the CGST Act. The Court noted that the Petitioner had not approached with clean hands and had not made appropriate disclosures, leading to the conclusion that the Court should not entertain frivolous and bogus pleas.

2. Legitimacy of the Petitioner and the business transactions:
The Respondents contended that the Petitioner, a labourer with no business source, had substantial amounts deposited in his account, suggesting he was a bogus person. The Petitioner claimed to be involved in cryptocurrency trading, which he argued was not taxable under GST. However, the Respondents provided evidence that the Petitioner did not appear for summons or personal hearings and did not submit supporting documents. Further investigation revealed that the Petitioner was unaware of the transactions and the business operations, indicating that the business and transactions were not genuine.

3. Allegations of fraud and forgery:
The Respondents presented evidence that the Petitioner's signatures on various documents did not match, and forensic examination confirmed discrepancies. The Petitioner's statements and the investigation indicated that the business was a dummy/shell company, and the bank account was a benami account. The Court concluded that the Petitioner was involved in fraudulent activities and was attempting to obstruct ongoing investigations.

4. Compliance with procedural requirements:
The Respondents highlighted that the Petitioner failed to comply with procedural requirements, such as appearing for summons and personal hearings and submitting necessary documents. The Petitioner's non-compliance and suppression of facts were noted by the Court, which found that the Petitioner had not acted in good faith.

5. Discretionary reliefs and suppression of facts:
The Court observed that the Petitioner had suppressed material facts, including the nature of the investigation and the Petitioner's interactions with the authorities. The Petitioner's claims of harassment and forced signatures were not substantiated in the petition filed. The Court emphasized that the Petitioner's conduct indicated an attempt to deceive both the Revenue and the Court.

6. Costs imposed on the Petitioner:
The Court dismissed the petition, finding it to be part of a larger fraud. The Court directed the authorities to investigate all parties involved in filing the petition and related writ petitions to uncover the truth behind the fraud. Additionally, the Petitioner was ordered to pay Rs. 5 lakhs as costs to Respondent No. 2 within 30 days.

Conclusion:
The Court dismissed the petition, noting that the Petitioner had engaged in fraudulent activities and had not approached the Court with clean hands. The authorities were directed to investigate the fraud thoroughly, and the Petitioner was ordered to pay costs for the abuse of the judicial process.

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