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TMI Blog2024 (9) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... rg in his bank 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 crime M/s Shreyas International transferred 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 defen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 International for showing export of readymade garments to the tune of Rs. 12.38 crores vide H-Forms to Bangladesh during the FY 2012-13, and on the basis of which, the firm claimed VAT refund of Rs. 0.74 crore from Punjab Government vide application dated 11.02.2013 on VAT-29 Form. After enquiry by Custom Authorities, Petrapol Land, West Bengal,it is reported that all the Shipping Bills produced by the firm were found to be forged and fabricated. On the basis of the said complaint, FIR No. 221 dated 14.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Adjudicating Authority. After going through the Original Complaint, documents and statements of witnesses, Ld. Adjudicating Authority issued Show Cause Notice against the Noticee(s) for filing reply. After going through the replies and hearing the rival submissions, Ld. Adjudicating Authority passed the Order dated 13.09.2018. Aggrieved by the said order, appellant Jagmohan Garg, filed the present appeal. 3. During the arguments, Ld. Counsel for the appellant submitted that appellant Jagmohan Garg is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. 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 the adjudicating proceedings, and hence, the said confirmation order of the attached accounts needs to be set aside. Prayer is accordingly made to allow the present appeal and thereby set aside the impugned order. 4. On the other hand, Ld. Counsel for the respondent ED submitted that appellant is not specifically denying the receipt of amount of Rs.2,84,982/- in his bank account, hence, he admittedly received the proceeds of crime to that extent, whereas the attached bank accounts of his proprietorship ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 contention of the Ld. Counsel for the respondent is also devoid of any merits as proprietorship concern is not a legal person in the eyes of law and hence, Jagmohan Garg being proprietor is rightly impleaded as the necessary party in the Original Complaint No. 922/2018. Therefore, the present appeal needs to be dismissed being devoid of any merits. 6. Accordingly, in view of our observations and findings in the preceding para, the present appeal is hereby dismissed being devoid of any merits and thereby t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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