9911796707
TMI Blog2020 (12) TMI 578X X X X Extracts X X X X X X X X Extracts X X X X ..... credit of ₹ 5.43 crores from 01.07.2017 to 31.08.2020. In the statement recorded under Section 70 of the CGST Act, the petitioner has admitted that presently there is no registered premises of the factory. The business is being run by him from the vehicle viz., Grey Colour Swift Dezire TS07 1667. He is also conducting business by using his laptop and mobile No.9493895762. He has answered that based on the invoices created in the laptop, he has raised documents like e-way bills using hotspot and transfer documents created through e-mail [email protected]. He also answered that he will submit all the related documents like invoices, e-way bill after retrieval from his mail, as far as possible. Due to ongoing investigation, the department could lay its hand on an amount of ₹ 42,90,133/- in the electronic credit ledger of the Company of the petitioner. Further, a provisional attachment order under Section 83 of CGST Act was issued to the banker of the Company. Steps have been undertaken to get the laptop recovered under panchanama dated 02.11.2020 to be forensically examined by CFSL, Hyderabad. Such forensic science laboratory report is awaited - Steps ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the complaint that the petitioner, as per the business need of the Company, procured invoices without actual receipt of goods and supplied the said invoices and subsequently increased the Company s annual turnover to enhance his banking loan facilities. He has also issued GST invoices without supply of goods to various other parties and helped them to show them as their expenses in their accounts. It is further alleged against the petitioner that he has supplied invoices without supply of goods to some of his customers to avoid payment of the GST in cash. He has procured GST invoices without supply / receipt of materials from the firms mentioned in the statements given by him on 29.10.2020 and 02.11.2020 through M/s. Advance PowerInfra Tech Limited, M/s. Radhika Electrocast Private Limited, Bahrat Gupta, Pratik Chaturvedi, Janki Lal Sureka and Siddarth Sharma at his request to his Company located in Hyderabad. Thus, issuance of GST invoices, e-way bills without actual supply of material / services is in contravention of the provisions of Section 31 of the CGST Act. Further, availing input tax credit of GST on the basis of fake GST invoices issued without supply of material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t No.16494 of 2019 dated 29.08.2019 executed by the Company in favour of M/s. Bajaj Heavy Engineering Limited. Referring the said document, learned counsel for the petitioner would submit that the land and shares of the said Company were sold under the above sale deed and not by the bank under the provisions of the SARFAESI Act as alleged by the respondent authorities. 9. Learned counsel for the petitioner by referring to the letter dated 11.09.2019 issued by the Assistant Commissioner (ST) Madhapur-III Circle, Hyderabad Rural Division to the Sub Registrar (SRO), Sadasivpet Mandal,Sanga Reddy District, Telangana, would submit that the respondent authorities have no objection to sale / mortgage immovable property of the Company as mentioned in its earlier letter dated 31.01.2019. 10. Learned counsel for the petitioner has relied on the principle laid down by the High Court of Bombay in Prasad Purshottam Mantri v. Union of India 2019(29) G.S.T.L. 647 . He has also referred to the statement recorded by the respondent authorities under Section 70 of the CGST Act and would submit that under pressure and coercion, the said statement was recorded. Even as per the statement of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o registered premises of the factory. Business is being run by him from vehicle viz., Grey Colour Swift Dezire TS07 1667 using laptop and mobile No.9493895762. He has also answered to Question No.10 stating that based on the invoices created in the laptop, he raised documents like e-way bills using hotspot and transfer documents created through mail [email protected]. He also answered that he will submit all the related documents like invoices, e-way bill after retrieval of the same from his mail, as far as possible. 15. The learned sanding counsel has also referred to paragraph No.6 of its counter affidavit, wherein it is stated that the investigation is not completed and forward chain recipient of the tax credit is to be investigated. Due to ongoing investigation, the department could lay its hand on an amount of R.42,90,133/- in the electronic credit ledger of the Company of the petitioner. He caused loss of to a tune of ₹ 10.89 lakhs to the exchequer of the Government. There is every possibility of the petitioner interfering with the investigation and tampering with the evidence. With the said submissions, the learned standing counsel for the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xamined by CFSL, Hyderabad. Such forensic science laboratory report is awaited. Steps have been taken to prevent further loss to the Government exchequer by blocking the ITC credit under Rule 86A(1)(a) of the CGST Act as the competent authority i.e., the Additional Director General has accorded approval along with reasons to believe that the ITC has been fraudulently availed and is ineligible due to two counts i.e. the petitioner has availed credit on fake invoices obtained without supply of goods and Company of the petitioner not conducting business from its registered place. 18. Thus, there are serious allegations against the petitioner. There are several aspects to be investigated into by the investigating officer during the course of investigation. The modus operandi said to have been adopted by the petitioner in commission of offence is to be investigated into by the investigating officer. The GST amount involved for the operations carried out by him for the period from 01.7.2017 to 31.08.2020 is ₹ 10.89 crores. Admittedly, the investigation is pending. 19. Considering the above and also the offences alleged to have been committed by the petitioner and also ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
