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        Case ID :

        Racket busted of Large number of non-operational Partnership firms falsely claiming refunds against accumulated ITC in Delhi NCR

        March 17, 2020

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        A large number of proprietorship / partnership firms registered with Gautam Buddha Nagar and other Commissionerates of Delhi NCR which were apparently connected and had claimed huge amount of refunds against accumulated Input Tax Credit (ITC) on account of inverted tax structure and Zero-rated supply of Goods were identified.  Searches were conducted on 13.3.2020 by officers of CGST Gautam Budha Nagar along with other Commissionerates at various places declared as principal places of business and residential premises located in Delhi, Faridabad, Gurgaon, Noida and Greater Noida.

         During the search, none of the firms were found to be existing/ operational at their declared premises. Further investigations revealed that two persons, apparently masterminds behind the racket, had obtained KYC documents from proprietors/ partners of these firms for a consideration. All the business activities were found to be only on paper without actual movement/ supply of goods which included manufactured/un-manufactured tobacco, yarn, woven fabric & cotton yarn, other made up clothing, etc. These firms had generated invoices for passing on Input Tax Credit ascertained to be ₹ 1892 crore so far. Refund claims amounting to ₹ 264 crore have been paid to these firms, out of which ₹ 60 crore have been recovered so far. In addition, pending refund claims of approximately ₹ 131 crore have been withheld.

        Residential premises of suspected masterminds were also searched on 15.03.2020 and their statements recorded. Based on their confessional statements, they have been arrested on 16.03.2020 under Section 69 of CGST Act.

        False GST refund claims uncovered, triggering arrests, recovery measures and withholding of pending refunds under CGST law. Investigations found coordinated creation of non operational firms in Delhi NCR submitting fabricated invoices to claim accumulated Input Tax Credit refunds without actual supply of goods. Two individuals obtained KYC documents from proprietors to operate the scheme; searches, confessional statements and arrests followed. Administrative responses included payment of some refunds, partial recovery and withholding of pending claims, and criminal proceedings under Section 69 of the CGST Act.
                          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.

                                False GST refund claims uncovered, triggering arrests, recovery measures and withholding of pending refunds under CGST law.

                                Investigations found coordinated creation of non operational firms in Delhi NCR submitting fabricated invoices to claim accumulated Input Tax Credit refunds without actual supply of goods. Two individuals obtained KYC documents from proprietors to operate the scheme; searches, confessional statements and arrests followed. Administrative responses included payment of some refunds, partial recovery and withholding of pending claims, and criminal proceedings under Section 69 of the CGST Act.





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                                ActsIncome Tax
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