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        Case ID :

        CGST Commissionerate, Gurugram arrest Three persons for committing offences under CGST Act

        July 25, 2019

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        CGST Commissionerate, Gurugram, Haryana has arrested three persons namely, Sh. Sh. Anil Kumar, S/o Sh. Balwan Singh, R/o VPO Jevra, Tehsil Barwala, Dist.- Hisar, Haryana, Sh.Bhikaram, S/o Sh. Babu Ram, R/o  415, Gali No. 28 C-1 Block, KhajuriKhas, Delhi-110094 and Sh. Kuldeep Sharma, S/o Sh. Ramesh Sharma, R/o Gali No. 4, Kakroi Road, Sonipat Haryana.  During investigating, it was found that they have created bogus firm in the name of M/s Palak International, Shop. No. 11, Maliyan Market, Sohna, Gurugram, Haryana on the fake documents of a person namely Sh. Jitender for the purpose of issuing numerous fake invoices without any concomitant movement of goods for such transactions thereby proving wrongful availment and utilization  of fake Input Tax Credit.  The firm, M/s Palak International, created by the said three persons issued invoices worth ₹ 31 Crores(approx.) with a GST components of ₹ 5.70 Crores and during the investigation, they have agreed to the same.  The said firm has passed on fraudulent Input Tax Credit of ₹ 5.70 Crores to the various buyers who have availed the same to discharge their GST liabilities against their outward supply with an ulterior motive to defraud the Government Exchequer.  Thus, Sh. Anil Kumar, Sh. Bhikaram and Sh. Kuldeep Sharma have committed an offence under Section 132 (1)(b) & (c) of CGST Act, 2017 which is punishable under Section 132(1) (i) &(ii) of the act ibid  and therefore the offence is Cognizable and non-bailable under Section 132(5) of CGST Act, 2017 and liable to arrest under Section 69 of the act ibid.

        Consequently, Sh. Anil Kumar, Sh. Bhikaram and Sh. Kuldeep Sharma were arrested on 23.07.2019 under Section 69(1) of CGST Act, 2017, following which all the accused persons were produced before the Hon’ble Judicial Magistrate, 1st Class, Gurgugram, Haryana at his residence who remanded Sh. Anil Kumar, Sh. Bhikaram and Sh. Kuldeep Sharma to judicial custody of 14 days on 23.07.2019.  During the investigation conducted so far, the GST & Central Tax, Gurugram, Haryana has recovered an amount of ₹ 3 Crores (approximately) towards the GST evaded.

        Further investigations in the matter are in progress.

        Fraudulent Input Tax Credit leads to arrest of three individuals for issuing fake invoices and evading GST. Three persons created a bogus firm and issued fake invoices without movement of goods to wrongfully avail and pass on fraudulent Input Tax Credit, constituting cognizable and non bailable offences under the CGST penal provisions; they were arrested, remanded to judicial custody, a recovery was effected and investigations continue.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Fraudulent Input Tax Credit leads to arrest of three individuals for issuing fake invoices and evading GST.

                                Three persons created a bogus firm and issued fake invoices without movement of goods to wrongfully avail and pass on fraudulent Input Tax Credit, constituting cognizable and non bailable offences under the CGST penal provisions; they were arrested, remanded to judicial custody, a recovery was effected and investigations continue.





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