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Fraudulent GSTN Registration: Delhi High Court Directs Petitioner To Reveal Details Of His Friend Who Obtained It

Mariya Paliwala
19 March 2023 7:00 AM GMT
Fraudulent GSTN Registration: Delhi High Court Directs Petitioner To Reveal Details Of His Friend Who Obtained It

The Delhi High Court has ordered the petitioner to reveal the name of the friend who fraudulently obtained a GSTIN using his credentials at the department.

The division bench of Justice Vibhu Bakhru and Justice Amit Mahajan has directed the petitioner to disclose the identity of his friend, to whom he claims to have handed over his identity documents, to the police authorities as well as to the state GST authorities. The petitioner shall fully cooperate with the concerned authorities and provide them with all the information as required.

The petitioner/assessee is a street vendor and had recently become aware that a GST registration had been obtained in his name without his knowledge or consent. The petitioner claims that he sells food items from a stall that he puts up at the boundary wall. He claims that he has a valid vending certificate.

The petitioner claimed that he was obtaining a GST registration in respect of his business carried out from the stall and, in the process of applying for it, found that a firm by the name of M/s Sheel Industries had already been registered by some unknown persons by misusing his identity card. The firm is registered with the GST Department and is active.

The petitioner claimed that he apprehends that a demand for GST may be raised against him on account of the fraudulent actions of the persons who have registered a firm in his name. The unknown persons have been filing returns without his knowledge. The petitioner had also made a representation to the Delhi Police, which is pending action.

The petitioner made an averment that he has handed over his identity cards, that is, his Aadhar Card and PAN Card, to one of his friends for obtaining a loan. The petitioner believes his documents have been misused. However, the petitioner has not disclosed the name of the friend in the petition.

The department has no role to play in the petition as the registration has been obtained from the state GST authorities.

The court ordered that the petition be treated as a representation by the Commissioner GST/State GST Authorities and that the petitioner's grievance be investigated in accordance with the law.

Case Title: Anil Kumar Versus The Gst Commissioner, Cgst, And Central Excise And Ors.

Citation: 2023 LiveLaw (Del) 253

Date: 14.02.2023

Counsel For Petitioner: Kamlesh Kumar Mishra, Akhil Rexwal, Kailash, Aditya, Bibhuti Bhushan Mishra, Renu, Anjani Mishra

Counsel For Respondent: Harpreet Singh, Jatin Kumar Gaur

Click Here To Read The Order

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