CGST North Delhi arrests Inverted Duty Refund Racketeer

CESTAT - Refund - Lorry Receipts - Taxscan

Case booked by North Delhi Commissionerate headed by Ms. Hemambika Priya-CC is just the tip of the iceberg.  This well-connected businessman Vikram Goyal, owner of Gupta Plastics, had already conned the State & Central GST by pocketing a huge amount of IGST refund for the so-called exports by misusing the incentives granted under the inverted duty structure.  How much of the remittance had been actually received from such exports, is being ascertained but there appears to be a wide gap.

His modus-operandi followed the usual practices: procuring raw-material locally on e-Rickshaws, motorcycles, 3-wheelers without bills and then procuring only bills from some other manufacturers or traders who had scrupulously built-up their chain of records with proper e-Way Bills, bank remittance, invoices.  Complete perfection in the paper-work. The only missing thing in these transactions was that there were no goods under such perfect papers. But then all perfect crimes still have some clues visible only too keen eyes.

Team Leader the CC,  and the astute albeit inexperienced AC Ms. Kanika Dua, were meticulously going through the genuineness of IGST refund claims, the exporter’s profiles and their suppliers.  In this case, some of the things seemed peculiar and a pattern was observed.  Then began the process of discreet verification of premises in Narela and suppliers across the state border.

The assessee had a firm in his name. Another one in the name of a very close relative. But for suppliers and buyers, he was the Man-In-Charge.  The team moved fast giving him hardly any time to set his house in order. He confessed and pleaded that instead of making him pay the full tax, Department should settle only for what was his actual cut out of the 18%.  He tried to bargain. Buy time. But the two ladies were in no mood to settle for peanuts or to allow him to play hide & seek.

Make a commitment of a fair amount, agree also to discharge the liability of the close relative or the next one to go to jail will be this close relative.

His connections made him complacent and he literally walked confidently into a trap. From there it was a short journey to Patiala House Courts and then to Tihar.

The case was argued before the Magistrate by the seasoned Sr. PP Mr. Satish Agarwala. Investigators in the Commissionerate’s Anti-Evasion were Shakti Vardhan-Supdt. & Amit Kumar-Inspector.

This is only an interval because the main supplier has suddenly left for Teerth Yatra. And the data of the close relative is currently being analysed.

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