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2025 (5) TMI 794

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....ST Act') read with corresponding provisions of the Punjab Goods and Service Tax Act, 2017, registered by Additional Directorate General of GST Intelligence, 51D, Zonal Unit, Sarabha Nagar, Ludhiana. (2) Allegations are that petitioner created three Firms, namely, M/s Disha Enterprises, Sarthak Enterprises and Kashbhi Accessories Point and he used to do trading on the basis of false invoices without actually supplying the underlying goods. (3) Contends that petitioner has been falsely implicated in the present case. Further contends that petitioner is neither proprietor; nor partner of any Firm(s) and he has no role in the commission of alleged crime. Also contends that no complaint has been supplied to the petitioner; nor to any other co-accused. Lastly contends that petitioner is ready to join the proceedings, but he be protected. (4) Although, there is no formal notice of motion in the case, however, Mr. Sourabh Goel, learned Senior Standing Counsel for the respondents has appeared and produced statements dated 27.01.2025 & 28.01.2025 of Saurabh Goyal, Director-cum-Authorized Signatory of M/s Jay Kay Hosiery Mills Private Limited, Ludhiana before Additional Assistant Dir....

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....m providing you the copy of the images of Mr. Ripan Kumar Jain and Mr. Sarthak Jain and I have put my dated signature on the same. Question: 8 What did you do with the fake ITC availed on the basis of fake invoices issued by the above mentioned firms and provided by Mr. Ripan Kumar Jain. Answer: I state that the I used to do the trading of fake invoices without actual supply of underlying goods. I used to issue the parallel invoices in respect of such fake invoices to the following firms :- Party Name GSTIN Oasis Knitwears 03AADFO8465A1ZK Kaur Sain Spinning Mills 03AADFK0688B1ZX Nagpal Exports 03AACFN3695C1ZK Thukral Fabrics 03AADFT3137C1ZS S A oswal 03AEKFS8922B1Z5 Woolworth Knitwears 03AALPN5941LIZE Royal Impex Private Limited 03AAFCR3220H2ZV Harish International 03AAEFH9378J1Z1 Star Spintex Pvt Ltd 03AAOCS1082K1Z7 Emmy Knitwears 03AEKPG1583J1ZK Starlight Hosiery Mills 03AFYPK7882B2Z2 Unimax Apparels 03AFSPJ5524P1ZY Question 10: Did you use to deal directly with the buyers of such fake invoices? Answer: It is stated that I did not deal directly with the buyers of the ....

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.... Sum of Taxable Value Sum of Total tax 1 MEERAJ KNITWEAR 03AALCM0973A1ZV 1,32,97,083 9,38,842 2 AASTHA INTERNATIONAL 03AIJPJ6957E2Z7 84,62,290 4,58,193 3 SARTHAK ENTERPRISES 03APYPJ2569Q1ZY 3,07,35,844 15,36,792 4 JAI DURGA TRADERS 03EEOPR4688B1Z6 1,46,30,385 9,91,142 5 B.S CLOTH AND YARN TRADERS 03HGCPS9725K1ZV 44,93,181 5,39,182 6 R. K TRADERS 03GKLPR0149Q1ZJ 1,62,75,925 11,14,779 7 J S ENTERPRISES 03EMDPR1169C1ZC 1,06,01,025 7,90,766 8 DISHA ENTERPRISES 03AAQFD2947K1Z6 1,74,26,031 8,71,302 9 D S ENTERPRISES 03OVYPK7306E1Z3 54,33,786 6,52,054 10 A M ENTERPRISES 03DOEPG5859C2Z5 8,89,960 1,06,795 11 R.D YARN TRADERS 03BJPPR6396R1ZZ 2047570 102378.5 12 SHUBH ARAMBH INDUSTRIES 03JTOPS5303G1ZH 68,55,215 3,42,761 13 SHUBH ARAMBH INDUSTRIES 03JTOPS5303G1ZH To be determined To be determined 14 SKY HIGH INTERNATIONAL 07AGPPG1224P1Z5 15 SUHAAS YARN NA       Total   13,11,48,295 84,44,987 Answer: It is stated that I have seen t....

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....ated that the same were sold to the buyers mentioned in the answer to Question 8 through Mr. Ripan Kumar Jain from M/s Jay Kay Hosiery Mills too. All the transactions are dealt in the similar way as stated in the foregoing answer in respect of M/s Jay Kay Hosiery Mills Pvt. Ltd. Question 17: It has been observed that you have claimed ITC on the basis of Invoices raised by certain firms registered in Delhi. However, ewaybill analysis depicts that there is no movement of goods as no toll is crossed or the vehicle has movement in some other state. Screenshots of some sample e-way bills are attached under. From, this it is evident that these two suppliers have only raised the invoices without actual supply of the underlying goods. What are your comments on the same. Answer: I have perused the above table and the screenshots and have completely understood it. As stated earlier, I was just purchasing the fake invoices from these firms like other mentioned firms without actual supply of underlying goods through Mr. Ripan Kumar Jain. Since, there was no actual supply of the underlying goods, there was no toll movement of the vehicles mentioned in the E-way bills, ....