TaxTMI 
TaxTMI 
2018 (1) TMI 1764
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....facts against the company came to be dismissed at the stage of admission vide order dated 21.12.2017. 3 According to petitioner, they are inter alia, in the business of manufacturing of chemicals like cyprofloxacin acid. According to petitioner the company by purchase order dated 6.7.2012 placed order for 16000 k.g. of ciprofloxacin acid with the petitioner at US$ 21.10 per k.g., CIF Nava Sheva by sea. Payment term was D/A 90 days. Petitioner supplied the goods and raised 2 invoices, both dated 13.7.2012 and each for US$ 168800. It is the case of petitioner that in the month of June­2012 one Mr. Vijay Hiran, director of Actgen Pharma Pvt. Ltd. approached petitioner and introduced the company to petitioner. It is stated that Mr. Hiran....
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....e actual purchaser of the goods but was, if one puts loosely, a front for Actgen which is a company of Mr. Hiran ; (iv) According to company said Mr. Vijay Hiran of the company has been a regular customer of petitioner for purchase of various pharmaceutical products. Mr. Hiran was also known to the company's directors since they are also in pharmaceutical business. 6 It was also submitted that petitioner was always aware of this arrangement that the company was a front for Actgen Pharma and was to make payment only upon receiving payments from Actgen Pharma. Ms. Mehta for respondent also submitted that otherwise emails relied upon by petitioner dated 15.4.2013 and 11.6.2013 would not have gone from Vijay Hiran­Actgen Pha....
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....t regards ­­­­------------ From : "Vaishali" >[email protected]> Date : Tue, 11 Jun 2013 12:38:06 + 0530 To < [email protected]> Cc: <[email protected]> `Anu'<[email protected]>: <[email protected]>;<[email protected]> Subject : pay agn bill no­2012APE40558B Dear Sir, Due to high Exchange rate of dollar, we are not able to pay you at this stage. We will pay you the Amount of 1,68,800/­ Against bill no2012APE40558B after 15th June 2013. We will appreciate you kind Support. Best Regards, Vaishali Actgen Pharma Pvt. Ltd. Hiran Orgochem Ltd. Unit no­437 & 438, 4th Floor, Ijmima Compound, ....
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....son being, it is an admitted position that Mr. Vijay Hiran has been involved in the transactions between petitioner and the company. 11 Mr. Kapadia submitted that in this case the purchase order has been placed by the company and the purchase order also mentions that the consignees' name and notified party to be the company which is different from the facts in Company Petition No. 744 of 2014. I agree that in the purchase order the company's name is mentioned as Consignee/notified party and to that extent, facts are different from facts in Company Petition No. 744 of 2014 but in Company Petition No. 744 of 2014 it was only one of the factors that came in the way of the petition being admitted. In this petition, eve....