9911796707
TMI Blog2024 (9) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... hority vide which attachment of the properties attached in PAO No. 02/2018 dated 27.03.2018 was confirmed for attachment, including the properties of the appellant which are detailed as under: Sr. No. Description Value of the Property (Rs.) Name of the Possessor/Owner 3. Closing Balance lying in the A/c No. 918020005965199 Axis Bank, Kesar Ganj, Ludhiana 1,25,000/- Garg Wollen Mills, Prop. Jagmohan Garg, (D-11) 4. Closing Balance lying in the A/c No. 918020002640488 Axis Bank, Kesar Ganj, Ludhiana 1,15,000/- M/s B L Yarn, Prop. Jagmohan Garg (D-11) 2. As per the facts of the case, Excise and Taxation Officer, Ludhiana-1, lodged a complaint vide No. 1323 dated 08.11.2013 before Police Commissioner, Ludhiana against M/s Yourk Int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e basis of the same, the said amount was refunded to the firm on 02.04.2013. On verification of the said documents regarding exports, the same was found to be forged and fabricated. As per the report received from Commission of Customs, Petrapol Land, Custom Station, Bangaon, West Bengal, Directorate of Enforcement also registered ECIR No. 09/JLZO/2013 dated 06.12.2013 for conducting investigation under Prevention of Money Laundering Act, 2002. During investigation, ED collected documents from various sources and also recorded statements of many persons u/s 50 of PMLA. Thereafter, Provisional Attachment Order No. 02/2018 was passed. After passing of the said Provisional Attachment Order, Original Complaint No. 922/2018 was filed before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Yourke International, who committed the fraud of VAT refund to the tune of Rs. 74,36,067/-. He pointed out that as per allegation, present appellant Jagmohan Garg received sum of Rs. 1,79,982/- and Rs. 1,05,000/- (totalling to 2,84,982/-) on 04.05.2013 in his bank account from M/s JaldharaCotspin Pvt Ltd. He stressed that the accounts of his Proprietorship concerns, namely, M/s Garg Wollen Mills and M/s B L Yarn cannot be attached, just because he received sum of Rs. 2,84,982/- in his individual account. The amount lying in the bank accounts of said two firms is wrongly confirmed for attachment without any legal basis. The said proprietor ship concerns, namely, M/s Garg Wollen Mills and M/s B L Yarn are not arrayed as necessary parties in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account through M/s JaldharaCotspin Pvt Ltd. As per the case of respondent ED, Ramesh Mehan, Prop. of proprietorship concern M/s Yourke International, committed the fraud of VAT refund to the tune of Rs. 74,36,067/-, on the basis of forged documents. Out of the said proceeds of crime, M/s Shreya International received the proceeds of crime to the extent of Rs. 70,50,000/-. Thereafter, out of the said share of proceeds of crimeM/s Shreyas Internationaltransferred sum of Rs. 44,00,056/-,to M/s JaldharaCotspin Pvt Ltd. Ludhiana. Thereafter, the said company from the said share of proceeds of crime transferred sum of Rs. 2,84,982/- in the account of the present appellant and the remaining amount into the accounts of other defendants. The second ..... X X X X Extracts X X X X X X X X Extracts X X X X
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