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ED has arrested Nitin Tibrewal and Amit Agrawal on 12.01.2024 under the provisions of Prevention of Money Laundering Act (PMLA ), 2002 for their role in the operations of Mahadev Online Book

Directorate of Enforcement (ED) has arrested Nitin Tibrewal and Amit Agrawal on 12.01.2024 under the provisions of Prevention of Money Laundering Act (PMLA ), 2002 for their role in the operations of Mahadev Online Book. The arrested accused were produced before the Hon’ble PMLA Special Court, Raipur who has granted both the accused persons to ED Custody for 5 days till 17.01.2024

ED initiated investigation on the basis of FIRs registered by Chhattisgarh Police. Subsequently, other FIRs registered by Vishakhapatnam Police & other States were also taken on record. M/s Mahadev Online Book Betting APP which is an umbrella syndicate arranging online platforms for enabling illegal betting websites to enrol new Users, create User IDs and laundering of money through a layered web of benami Bank accounts 

ED investigations revealed that Nitin Tibrewal is the majority shareholder of M/s Techpro IT Solutions Ltd. Investigation further revealed that this company was acting as front for Mahadev Online Book and investing the proceeds of crime generated out of illegal operations in India by way of Foreign Portfolio Investment. Nitin Tebriwal tried to conceal this fact despite multiple opportunities granted to him. He also did not reveal his foreign bank accounts and assets before the ED which have been discovered by the ED during the course of investigations. Thus, Nitin Tebriwal was found to be knowingly assisting in layering the proceeds of crime by investing it in his name and through associated Indian and foreign entities.

ED investigations revealed that Amit Agrawal is the brother of Anil Kumar Agrawal who is also a partner in Mahadev Online Book. Amit Agrawal has knowingly utilized the proceeds of crime emanating out of Mahadev Online Book in purchasing assets in his name and name of his wife's. To fund these purchases, Amit Agrawal arranged entries totalling Rs. 2.5 Crore in his and his wife's bank accounts against cash. In the statements recorded before the Directorate, he maintained these bank entries are loans, however, the entry operator involved in the transactions revealed the truth. Thus, Mr Amit Agrawal was found to be knowingly assisting in concealing the Proceeds of Crime emanating out of the betting operations of Mahadev Online Book.

In this case, movable properties totalling Rs. 572.41 Crore have been seized/frozen during searches conducted under the PMLA, 2002. Two Provisional Attachment Orders have been issued, attaching movable and immovable properties valued at Rs. 142.86 Crore. Prosecution complaints dated 20.10.2023 and 01.01.2024, have been filed in the case. Two additional accused have been arrested, bringing the total to eight accused apprehended in connection with the case. 

Source

ED has arrested 05 persons under the provisions of Prevention of Money Laundering Act (PMLA),2002 on 11.01.2024 in the matter of Paper Leak Case of Senior Teacher 2nd Grade Competitive Examination, 2022 in Rajasthan

Directorate of Enforcement (ED) has arrested 05 persons namely Suresh Kumar AKA Suresh Sau, Vijay Damore, Peeraram, Pukhraj, and Arun Sharma under the provisions of Prevention of Money Laundering Act (PMLA), 2002 on 11.01.2024 in the matter of Paper Leak Case of Senior Teacher 2 nd Grade Competitive Examination, 2022 in Rajasthan. The arrested persons were produced before the Hon’ble Special Court (PMLA), Jaipur and the Hon’ble Court granted 03 days ED Custody. 

ED initiated investigation under the PMLA, 2002 on the basis of FIRs/Charge-sheets registered/ filed by Rajasthan Police, under various sections of IPC against Babulal Katara, Anil Kumar Meena AKA Sher Singh Meena and the above mentioned arrested persons.

ED investigation revealed that Arun Sharma provided 29 candidates ( for whom leaked papers were arranged and who were appearing in the above said competitive examination) to Anil Kumar Meena in lieu of Rs. 2 Lakh per candidate. Anil Sharma also paid Rs. 10 lakhs in advance to Anil Meena in lieu of getting the leaked papers for the candidates. Further, Peeraram was involved in the said paper leak since he provided his own bus for facilitating and tutoring the right answers of leaked question paper to candidates on the instruction of Suresh Sau. Further Pukhraj was involved since he arranged the stay of candidates, assisted in providing the solution of the leaked question paper and also appeared in the examination held on 21.12.2022 for which he got the concerned leaked paper from Suresh Sau. Further, Suresh Sau was actively involved in paper leak case for the promised felonious amount of Rs. 1 Crore from Bhupendra Saran and Suresh Dhaka. He took the said leaked question paper from his brother in law and main mastermind of the said Paper Leak Scam, Suresh Dhaka, and provided the question paper and solution to the appearing candidates. Further, Vijay Damore had written down the questions of GK paper in a register on the instruction of his maternal uncle Babulal Katara (Member of RPSC) and supplied the said register to Anil Kumar Meena AKA Sher Singh Meena, who in turn supplied it to Bhupendra Saran, Arun Sharma and others in exchange for felonious money. 

In this case, ED had earlier conducted two searches at 22 premises of accused persons on 05.06.2023 and 13.10.2023, resulting in recovery of incriminating documents/digital records. Further, ED had also provisionally attached movable & immovable properties worth Rs. 3.11 Core approx. of Babulal Katara, Anil Meena AKA Sher Singh Meena and Others vide Provisional Attachment Order dated 18.08.2023. Also ED had earlier arrested 03 accused persons namely Babulal Katara, Anil Kumar Meena and Bhupendra Saran in the matter. Prosecution Complaint against Babulal Katara, Anil Kumar Meena and Bhupendra Saran have also been filed by ED on 09.11.2023 before the Ld. Special Court of PMLA at Jaipur. 

Further investigation is under progress.

Source

ED has conducted searches on 13.01.2024 under the provisions of Prevention of Money Laundering Act (PMLA), 2002 at 8 premises in Madhya Pradesh

Directorate of Enforcement (ED) has conducted searches on 13.01.2024 under the provisions of Prevention of Money Laundering Act (PMLA), 2002 at 8 premises in Jabalpur, Katni, Satna and Rewa of Madhya Pradesh in the matter of M/s Jagdamba AMW Automotives Pvt. Ltd. & others. During the search, the main accused Pushpendra Singh, director of M/s Jagdamba AMW Automotives Pvt. Ltd. was arrested at Jabalpur, and cash of Rs. 16 lakhs was seized from the residential premise of Pushpendra Singh along with documents of immovable properties. The arrested person was produced before the Hon’ble Special Court (PMLA), Jabalpur on 14.01.2024 which sent the accused person to ED custody.

ED initiated investigation on the basis of FIR registered/Charge-sheet filed by CBI, BSFB, New Delhi under various sections of IPC and Prevention of Corruption Act, 1988 against M/s Jagdamba AMW Automotives Pvt Ltd and its directors and Branch Manager of Canara bank, SME Branch, Jabalpur.

ED investigation revealed that Pushpendra Singh through M/s Jagdamba AMW Automotives Pvt Ltd in connivance with Krishna Dutt Dubey (deceased), the then branch Manager and others committed a fraud to the tune of Rs. 14.93 Crore, during April 2015 to March 2016, by way of wrongful sanction and disbursal of 50 vehicle loans (Truck Loans) on the basis of forged and fabricated documents issued by M/s Jagdamba AMW Automotives Pvt Ltd. The loan proceeds in all cases were transferred to the bank account of dealer i.e. M/s Jagdamba AMW Automotives Pvt Ltd but in majority of the cases dealer did not deliver the vehicles to customers and loan accounts became NPA which caused a wrongful loss to bank to the tune of Rs.14.93 Crore. Further, the said loan proceed was siphoned off from the bank accounts of M/s Jagdamba AMW Automotives Pvt Ltd through RTGS/ cash withdrawal/ repayment of other term loans etc. for his personal use and did not pay the same to the AMW vehicles manufacturer company M/s AMW Motors Ltd for which the loans were sanctioned. Thus, Pushpendra Singh was found to be have knowingly indulged in the processes and activities connected to proceeds of crime.

Further investigation is under progress.

Source

(ED) has provisionally attached 62 immovable properties worth Rs.30.28 Crore approx. belonging to M/s Heera Construction Co. Pvt. Ltd.

Directorate of Enforcement (ED) has provisionally attached 62 immovable properties worth Rs.30.28 Crore approx. belonging to M/s Heera Construction Co. Pvt. Ltd., its MD Abdul Rasheed, his trust M/s Heera Educational and Charitable Trust and sister company M/s Heera Summer Holiday Homes Pvt. Ltd. as proceeds of crime, in a bank fraud case. 

ED initiated investigation on the basis of FIR registered by the CBI, ACB Cochin under various sections of the IPC, 1860 and PC Act, on the basis of complaint filed by the State bank of India, Kowdiar, Thiruvanathapuram branch against M/s Heera Construction Co. Pvt. Ltd., its MD Abdul Rasheed, and others.

ED investigation revealed that M/s Heera Constructions Co. Pvt. Ltd., its MD Abdul Rasheed and other accused persons had cheated the State bank of India, Kowdiar branch by fraudulently selling the primary and collateral securities mortgaged with the bank also defrauded in repayment of loan. Thereby the accused persons generated proceeds of crime of Rs.34.82 Crore by committing offences.

ED investigation further revealed that the accused persons namely M/s Heera Constructions Co. Pvt. Ltd., its MD Abdul Rasheed and other family members have generated proceeds of crime, invested the same in multiple immovable properties in their personal name and in the name of their companies and trust in Kerala and projected them as untainted properties in violation of section 3 of PMLA, 2002.

Further to the above, Abdul Rasheed the MD of M/s Heera Construction Co. Pvt. Ltd. was arrested on 4.12.2023 under PMLA, for being directly involved in the offence of money laundering and generation of proceeds of crime. Abdul Rasheed, MD of M/s Heera Construction Company Pvt. Ltd., also committed offence of money laundering by diverting funds received by selling other projects mortgaged with State Bank of India instead of utilizing the same for repayment of loans taken against them. The Hon’ble Special Court for PMLA, Ernakulam rejected the bail application moved by the petitioner Abdul Rasheed and granted 5 days remand to ED for custodial interrogation of Abdul Rasheed to further unearth more proceeds of crime and to nab other accused persons. Abdul Rasheed is currently under judicial custody till 20.01.2024. 

Further investigation is under progress. 

Source

GSTN detailed advisory on GSTR-1/IFF: Introduction of New 14 and 15 tables

Notification No.: 26/2022 – Central Tax dated December 26, 2022

1. Purpose: The purpose of this advisory is to make taxpayers aware of the new Table 14 and 15 in FORM GSTR-1 and IFF. These tables are relevant for only those taxpayers who either supply through E-Commerce operator (ECO) or are themselves liable to pay tax under Section 9(5) of the GST Act.

2. Introduction: As per Notification No. 26/2022 – Central Tax dated 26th December 2022 two new tables Table 14 and Table 15 were added in GSTR-1 to capture the details of the supplies made through e-commerce operators (ECO) on which e-commerce operators are liable to collect tax under section 52 of the Act or liable to pay tax u/s 9(5). These tables have now been made live on the GST common portal. These two new tables will be available in GSTR-1/IFF from January-2024 tax periods onwards.

3. Table Wise Details

Table Details

Description

14. (a) Details of the supplies made through e-commerce operators on which ecommerce operators are liable to collect tax under section 52 of the Act [Supplier to report]

• The ECO-GSTIN wise summary of the supplies made through ECO on which ECO is liable to collect tax at sources (TCS) and liability on which has already been reported in any table 4 to 10 of GSTR-1, shall be reported by the supplier in this section.

• No taxable value or tax liabilities will be autopopulated from this table to GSTR-3B.

• Amendments to be reported in 14A(a).

14. (b) Details of the supplies made through e-commerce operators on which ecommerce operators are liable to pay tax u/s 9(5) [Supplier to report]

• In this section the summary details of the supplies made through ECO on which ECO is liable to pay tax u/s 9(5) is to be reported by the supplier. Tax on such supplies shall be paid by the ECO and not by the supplier. This is to be reported net of credit / debit note (if any).

• Such values will be auto-populated to Table 3.1.1(ii) of GSTR-3B.

• Amendments to be reported in 14A(b).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

15. Details of the supplies made through e-commerce operators on which e-commerce operator is liable to pay tax u/s 9(5) [ecommerce operator to report]

Eco shall report the supplies on which they are

liable to pay tax u/s 9(5) in Table 15. Such supplies shall not be reported anywhere else in GSTR-1/IFF.

• Registered Supplier and Registered Recipient (B2B)– In this section the details of such supplies where both the supplier and receiver of supplies are registered person, is to be reported by ECOs at invoice level. This will be available in IFF also. Debit Note / credit note (if any) to be reported in Table 9B.

• Registered Supplier and Unregistered Recipient

(B2C)– In this section the supplier level details along with POS and rate wise detail of the supplies related to the transaction where the supply is being made from a registered supplier to unregistered recipient need to be reported by e-commerce operator. This will not be available in IFF. This is to be reported net of credit / debit note (if any).

• Unregistered Supplier and Registered Recipient

(URP2B)– In this section the document level details of the supplies made from unregistered supplier to registered recipient through ECO needs to be reported by the e-commerce operator. The detail to furnish will include the document detail and GSTIN of recipient. This will be available in IFF also. Debit Note / credit note (if any) to be reported in Table 9B.

• Unregistered Supplier and Unregistered Recipient (URP2C)– In this section the POS and rate wise detail of the supplies to be reported by e-commerce operator related to the transaction of such supplies from an unregistered supplier to unregistered recipient through ECO. This will be not be available in IFF. This is to be reported net of credit / debit note (if any).

• The values shall be auto-populated in Table 3.1.1(i) of corresponding GSTR-3B and such liabilities is to be paid by the ECOs in GSTR-3B in cash.

• Amendments to be reported in Table 15A(I) & 15A(II).

4. Other Salient Features :-

1. Taxable value along with tax liabilities from all the above four sections i.e., B2B, B2C, URP2B and URP2C of table 15 will be auto-populated to table 3.1.1(i) of GSTR-3B.

2. There will be no auto-population of e-invoice in Table -15. E-invoices reported for 9(5) supplies will be populated in FORM GSTR-1 as per existing functionality. E-commerce operator are advised to examine and add such records in table 15 related to 9(5) supplies.

5. Step to report details in Table 14/15:

1. To view Table 14/15, taxpayer can navigate to Returns Dashboard > Selection of Period > Details of outward supplies of goods or services GSTR-1 > Prepare Online

2. Taxpayers can access the Table 14(a) & 14(b) by clicking the Liable to collect tax u/s 52 (TCS) and Liable to pay tax u/s 9(5) respectively available at the top of table 14 page.

3. Similarly, the different section of Table 15 can be accessed using the respective tab available at top of the table 15 page.

4. After adding the records taxpayers can file their GSTR-1 as per the existing process.

Introduction of new table ECO-Documents in GSTR-2B

1. The taxpayers are also being provided a facility to pass input tax credit (ITC) to the registered taxpayers who are receiving the supplies u/s 9(5) through ECO. Such ITC will be available to the registered recipient in newly introduce section in GSTR-2B. A new table “ECO - Documents” is being added under all other ITC section in GSTR-2B. In this table, the registered recipient can view the document details of the supplies received through e-commerce operator on which e-commerce operator is liable to pay tax under section 9(5) of the Act.

2. The values will be auto populated from Registered Supplier and Registered Recipient (B2B) and Unregistered Supplier and Registered Recipient (URP2B) section of table 15 to this new ECO - Documents table of GSTR-2B.

3. To view the ECO-Documents table, taxpayer can navigate to Returns Dashboard > Selection of Period > Auto- drafted ITC Statement for the month GSTR 2B > View

4. To view the records in ECO-Documents table, taxpayer can navigate to Returns Dashboard > Selection of Period > Auto- drafted ITC Statement for the month GSTR 2B > View > ECO Documents

Advisory