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TMI Blog2022 (12) TMI 1466X X X X Extracts X X X X X X X X Extracts X X X X ..... tained by Mr Ramesh Bagri. As we have before us, in the very least, the certificate dated 01.08.2022, which indicates that the petitioner had not remitted Rs.1,76,00,000/- on 12.08.2015 from its bank accounts maintained with CBI, it appears that, at least at this juncture, there was no information or material available with the concerned authority to trigger proceedings u/s 148/148A(d) of the Act.. List the matter on 11.04.2023. - Hon'ble Mr Justice Rajiv Shakdher And Hon'ble Ms Justice Tara Vitasta Ganju For the Appellant : Mr C.S. Aggarwal, Sr. Advocate with Mr Ravi Pratap Mall and Mr Uma Shankar, Advocates. For the Respondent : Mr Abhishek Maratha, Sr. Standing ORDER RAJIV SHAKDHER, J And TARA VIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... information and material being supplied to the petitioner. 6. The record shows that notice, in the first instance, was issued to the petitioner under Section 148 of the Act on 07.04.2021. Since the new regime kicked in, a fresh notice under Section 148A(b) dated 27.05.2022 was issued to the petitioner. 7. The record shows that the allegation against the petitioner is that it has received bogus entry from an entry provider i.e., one Mr Ramesh Kumar Bagri. 8. A perusal of the order dated 28.07.2022 would show that in the suspicious transaction referred to under the heading information available and action initiated , concerning Mr Bagri, there is no reference to the petitioner. 9. Mr Abhishek Maratha, who appears on behalf of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M176683 TIRUPATI TRADING CORPORATION 11568000 1,20,84,2 97.00CR IDBI BANK 264102000006354 12.08.2015 2015- 16 M89317 TIRUPATI TRADING CORPORATION 17600000 6,18,03,029.60CR IDBI BANK -264102000006354 10. As would be evident from the above extract, in the last entry in the table, dated 12.08.2015, under the head particulars , there is a reference to an entity going by the name Tirupati Trading Corporation [which is also the name of the petitioner] and against the said entity it is sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Ramesh Bagri of Rs. 17600000/- (Rs. One Crore Seventy Six Lakh Only) on 12.08.2015. In fact, it has not made any payment or received any sum IDBI bank account no. 264102000006454 of Shri Ramesh Bagri in its aforesaid three bank accounts in FY 2015-16. This certificate has been issued as per the request of customer without any risk and responsibility of bank officials. Astt. Manager B/o Ghaziabad xxx xxx xxx GHAZIA/OPER/2021-22 01/08/2022 TO WHOM IT MAY CONCERN This is to certify that M/s Tirupati Trading Corporation was maintaining the following three accounts during the financial year 2015-16 with our bank: S.no Account Number ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e noticed, as adverted to hereinabove, that there is a discrepancy between the account numbers of Mr Ramesh Bagri, wherein Rs.1,76,00,000/- was allegedly received by him in AY 2016-17, in paragraphs 1 and 7.1. of the order dated 28.07.2022 issued under Section 148A(d) of the Act; while paragraph 1 sets out the account number as 2641020000006354 , paragraph 7.1. of the same order sets out the account number as 2641020000006454 . 12.1. While this discrepancy could have been on account of a typographical error, at the moment, we have before us, in the very least, the certificate dated 01.08.2022, which indicates that the petitioner had not remitted Rs.1,76,00,000/- on 12.08.2015 from its bank accounts maintained with CBI. 13. Given t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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