GST Dept Moves Metropolitan Magistrate
Court for Judicial Remand of Person Alleged in 29cr ITC Fraud Case
Before the Metropolitan Magistrate,
New Delhi, the Intelligence Officer filed an application for judicial remand of
a person alleged fraudulent availment of Input Tax
Credit (ITC).
On the basis of an intelligence
developed by the officers of DGGI that M/s Anmol Tradex
Pvt. Ltd. is engaged in fraudulent availment of Input
Tax Credit (ITC) on the invoices of such firms which apparently do not have any
purchases themselves.
The director of the company is Sudhir Gulati and Ramesh Kumar Maini. It was also gathered
that they were also utilizing this fraudulently availed ITC for payment of IGST
on export of goods also termed as zero-rated supply under IGST Act, 2017 under
GST, exports, and supplies to SEZ are zero-rated as per Section 16 of the IGST
Act, 2017.
On the basis of data analysis, it was
observed that M/s Anmol Tradex Pvt. Ltd. has availed
ITC of around Rs. 29 Crore, out of which Rs. 25.01 Crore from the companies owned or controlled by
Rakesh Kumar Goyal, which were engaged in circular
trading, and which were passed fraudulent ITC to various other companies also
including companies owned or controlled by one Vikas Chowdhary also, in which Vikas Chowdhary and one of his accomplice were arrested.
The application in the light of
Section 155 of the CGST Act, 2017 said that the investigation conducted
revealed that the burden to prove eligibility for input tax credit has not been
discharged by the company of Sudhir Gulati. The
application also alleged that M/s Anmol Tradex Pvt.
Ltd. has availed ITC of approximately Rs.29.23 Crore from July 2017 onwards,
out of which Rs.25 Crore approximately have been taken on the basis of bills of
companies owned or controlled by Rakesh Kumar Goyal.
IGST refund of export taken by M/s.
Anmol Tradex Pvt. Ltd. was Rs.26 Crore approx. Thus,
the entire amount of fraudulently availed ITC on the bills provided by Rakesh
Kumar Goyal has been taken by M/s Anmol Tradex Pvt. Ltd. as a refund on IGST.
Therefore,
the Intelligence Officer said that the offenses committed by Sudhir Gulati are covered under clause (b) and clause (c)
of sub-section (1) of Section 132 as detailed above, which are cognizable and
non-bailable as per Section 132 (5) of the CGST Act,
2017.
On the grounds that the investigation
is hampered because of the hostile attitude of Sudhir
Gulati and he may cause obstruction to investigations, which have to be
conducted from various persons including Rakesh Kumar Goyal.
Rakesh Kumar Goyal is not joining the investigation
despite repeated summons who is a key accomplice of Sudhir
Gulati and investigation from him is required to be undertaken. Sudhir Gulati may also destroy the vital evidence of the
case and may flee out of the country, prayed before the Metropolitan Magistrate
to remand the above named to judicial custody for two weeks for the time being.