Officers of Anti-Evasion, CGST, Delhi East, have unravelled an operation involving availment of fraudulent Input Tax Credit on the basis of fake invoices and evasion of GST by utilizing the said fraudulent ITC to the tune of Rs. 24 crores apprx by M/s Shub Conductors LLP.
Investigation was initiated against Shub Conductors LLP on intelligence that the firm had been availing fraudulent ITC on the basis of fake invoices raised by fictitious suppliers. Searches were conducted inpremises of Shub Conductors along with suppliers suspected of being fake.
It was found that among other firms, M/s Een Een Sales Corporation and M/s A.N. Marketing had passed on fake ITC to M/s Shub Conductors. During investigation, Shri Naresh Goel and Shri Anil Kumar Yadav, proprietors of M/s Een Een Sales Corporation and M/s A.N. Marketing respectively, agreed to have passed on fraudulent ITC to M/s Shub Conductors LLP, among other parties, by raising fake invoices without actual supply of goods. The suppliers of Een Een Sales Corporation and A.N. Marketing were also found to be non-existent.
Consequently, both Shri Naresh Goel and Shri Anil Kumar Yadav were arrested under Section 69(1) of the CGST Act, 2017, on 29.01.2020 and remanded to judicial custody.
The investigation further revealed that atleast 7 firms were floated in the names of fictitious entities for the sole purpose of creating a complex network of transactions among themselves, including transfer of money in bank accounts to make them appear genuine.
This enabled them to raise fake invoices to manufacturers such as M/s Shub Conductors LLP, who availed the fraudulent Input Tax Credit without actual receipt of goods. The money received in Bank accounts was then withdrawn and routed back in cash to the recipients.
Thus, the operation involved not only violation of GST law but also laundering of money. Searches were conducted inthe business of M/s Shub Conductors LLP, as well as the residential premises of the partners, namely, Shri Vishal Gupta and his wife, Smt. Divya Gupta.
The partners were not found to be present in either of the locations. Thereafter, both the partners who are authorized signatories in the firm, repeatedly evaded summons issued bythe department, with the deliberate intention of hindering investigation.
The partners also absconded for more than one month. During the course of investigation, a residential property & 6 vehicles owned by Vishal Gupta & Divya Gupta along with bank accounts of M/s Shub Conductors LLP were provisionally attached under Section 83 of the CGST Act, 2017.
This action was finally able to bring Shri Vishal Gupta out of hiding. However, Shri Gupta continued to remain evasive duringhis statement recorded under Section 70 of the CGST Act, 2017.
He also refused to divulge the location of his wife and partner in M/s Shub Conductors LLP, Smt. Divya Gupta, who remains absconding till date.
Vishal Gupta, Partner in M/s Shub Conductors LLP appeared to have knowingly committed offence under the provisions of Section 132(1)(c) of Central Goods & Services Tax Act , 2017 which is a cognizable and non-bailable offence, punishable under Section 132(5) of the CGST Act, 2017
Accordingly, Shri Vishal Gupta was arrested on 17.03.2020 under Section 69(1) of the CGST Act, 2017 and remanded to judicial custody by the Duty Metropolitan Magistrate (MM) till 31.03.2020. Further investigation to unearth GST evasion racket on fake invoices is in progress.
INSTANCE
This is an instance of every relevance to support the genuine objections raised in the course of the ongoing debate in professional circles against official direction of ITC reversal by invoking sec 16 (4) ; which by any sane thinking is an ill-conceived and logically incomplete enactment.
For MORE look up the posted comment on earlier displayed related write-ups!
courtesy