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2023 (2) TMI 586

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..... ral other fake firms. He was involved in utilizing bogus ITC through fake documents by floating the firm M/s A.S. Enterprises, on papers only, thereby causing a loss to the Government Exchequer. Needless to say, such type of cheating is rampant in our society and is often adopted by fraudsters and unscrupulous persons by causing loss to the Government Exchequer. This has become a cakewalk to amass wealth illegally over night which needs to be curbed with an iron hand. In the instant case, as already noticed that the pointing finger of accusation against the petitioner is the seriousness of the charge - the offences alleged are economic offences which have resulted in loss to the Government exchequer. Considering the material on re .....

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..... the abovesaid firm was registered through proprietor Ashok S/o Raj Kumar having PAN No. BWTPA3969E, Mobile No. 9671321265, Aadhaar No. 861469337689 resident of Rehrana Floor No. 81, Palwal. It was found that the firm was not only non-existing but also claimed ITC from other fake firms. The firm had not made any physical transaction of the goods. The goods were neither received nor supplied in actuality but only paper transactions were done which is in contravention to proviso of Section 132(1)(B)(C) HGST Act, 2017. Thus, the firm had created a loss to the tune of Rs.2,05,79,076/- to the Government Exchequer. Therefore, it is well established that Ashok, proprietor of M/s A.S. Enterprises had fraudulently registered the said firm under G .....

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..... was alleged that the petitioner had forged the documents to register a fake firm and caused loss to the tune of Rs.2,05,79,076/- to the Government Exchequer. He is the kingpin of the aforesaid fraud. The petitioner is also involved in another FIR No. 53 of 2018 registered under Sections 323, 506, 509 read with Section 34 IPC at Police Station BPTP Faridabad. I have heard learned counsel for the parties and carefully gone through the record. As per prosecution version, the accused firm from January, 2017 to July, 2019 had shown sale and purchase of Rs.17 crores (approximately) by committing fraud and has evaded tax of Rs.2,05,79,076/- (approximately). Neither the firm has made any physical transaction of the goods nor money transaction .....

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..... e. Aqua Traders and R.K. Enterprises, in the names of Ankit and Rahul by preparing fake documents without their consent and knowledge. He had also prepared several other fake firms. He was involved in utilizing bogus ITC through fake documents by floating the firm M/s A.S. Enterprises, on papers only, thereby causing a loss to the Government Exchequer. Needless to say, such type of cheating is rampant in our society and is often adopted by fraudsters and unscrupulous persons by causing loss to the Government Exchequer. This has become a cakewalk to amass wealth illegally over night which needs to be curbed with an iron hand. In the instant case, as already noticed that the pointing finger of accusation against the petitioner is the se .....

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