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TMI Blog2022 (1) TMI 1279X X X X Extracts X X X X X X X X Extracts X X X X ..... e company and since no such direction has been received, the SFIO cannot investigate the affairs of the company. The Central Government, which has been impleaded as respondent no.1, Ministry of Corporate Affairs will treat the present petition as a representation and consider whether any direction is required to be issued to the SFIO for investigating the offences in terms of Sections 210 and 212 of the Companies Act and a report in this regard be filed before the next date of hearing. Status Report in sealed cover in respect of the inquiry being carried out by the ED be placed on the record of this Court before the next date of hearing. List on 30th March, 2022. - W.P.(CRL) 1588/2021, CRL.M.A. 13339/2021 (directions) - - - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no.7, the Income Tax Department wherein affidavit notes that the Income Tax Department has initiated its investigation and taken series of actions against Vikas Chaudhary, Sudhir Gulati and number of companies. According to the affidavit, during the course of search and survey operations incriminating documents/digital evidences relating to over invoiced exports, trade-base money laundering, fictitious purchases, fraudulent availing of export incentives, duty drawback and sharing them with other exporters were found. It was stated that one Avtar Singh Kocchar was found to be running a hawala racket and in his statement, he admitted that he helped in getting a telegraphic transfer to one of the entities of Vikas Chaudhary, who had made expor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tments states that assessment proceedings are going on against Vikas Chaudhary and other co-accused and any further action will be taken pursuant to the outcome of the assessment proceedings. 7. Affidavit has also been filed on behalf of the respondent no.6, that is, by the Directorate General of GST Intelligence, according to which an investigation was carried out and it was revealed that Sudhir Gulati had availed most of the ITC from the companies owned and controlled by Rakesh Kumar Goel, who had availed of inadmissible and fraudulent ITC. After investigation was carried out four accused were arrested, namely, Vikas Chaudhary, Vikas Chandan and accomplice of Vikas Chaudhary, Sudhir Gulati and Rakesh Kumar Goel. 8. An affidavit has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehalf of the ED submits that the Enforcement Directorate is inquiring into the matter and at this stage it would not be proper for the Enforcement Directorate to file an affidavit and he be permitted to file a Status Report in sealed cover. 11. Status Report in sealed cover in respect of the inquiry being carried out by the ED be placed on the record of this Court before the next date of hearing. 12. Learned counsel for the petitioner reserves his arguments in respect of CBI as learned counsel for the CBI is not present being unwell. He further states that though action has been taken by the GST, however, no attachments have been done. 13. List on 30th March, 2022. 14. The Court Master is requested to give the soft copy of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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