HC directs petitioner to disclose friend’s identity to department for GSTIN fraud

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Case Details: Anil Kumar v. GST Commissioner, CGST and Central Excise – [2023] 148 taxmann.com 259 (Delhi)

Judiciary and Counsel Details

Vibhu Bakhru & Amit Mahajan, JJ.
Kamlesh Kumar Mishra, Akhil Rexwal, Kailash, Aditiya, Bibhuti Bhushan Mishra, Ms Renu & Ms Anjani Mishra, Advs. for the Appellant.
Harpreet Singh, Jatin Kumar Gaur, Rajeev Aggarwal, Himanshu Pathak, Krishna Kumar, Advs. Pushpendra & P.S. Kotwali for the Respondent.

Facts of the Case

The petitioner was a street vendor and he was desirous of obtaining a GST registration in respect of his business carried out from the stall. However, in the process of applying GST registration, he became aware that GST registration had been obtained using his name without his knowledge and unknown person has been filing return.

In this context, a complaint was filed with police and it was stated as pending. It filed writ petition for the suspension of fake GST registration which had fraudulently been taken in his name, with immediate effect.

High Court Held

The Honorable High Court observed that the petitioner had handed over his Aadhar and PAN card to one of his friends to obtain loan but such averments can’t be accepted at face value and required to be properly examined. Therefore, the Court directed to treat this petition as representation by State GST authorities and grievance would be examined. The Court also directed the petitioner to disclose identity of his friend to police and State GST authorities.

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