The Delhi High Court has commanded a petitioner to reveal the identity of a friend who got a fake GSTIN using his name.
The order of revealing the details of his friend has been written by the division bench of Justice Vibhu Bakhru and Justice Amit Mahajan. The petitioner is required to bring the identity of the friend to whom he handed over the documents and give that identity to the police and state GST officials for further investigation. The petitioner has to cooperate with the officials and shall give them the essential information as per requirements.
The petitioner claims to be a street vendor and has become aware that his name is used for a GST registration without his knowledge. The assessor said that he set up a small stall next to a boundary wall. He sells food items there and even has a certificate for selling things.
The petitioner became aware of this fraud when he was applying for registration and came to know that someone had already registered his business under the petitioner’s name. That GST-registered firm with the petitioner’s identity is currently active and operating as M/S Sheel Industries.
The petitioner asserted that charges may be raised against him for such fraudulent actions for which he is not actually liable. The person who has been filing GST returns in his name should face legal action for this fraud, he added. He also represented himself to the Delhi Police, and the action is still pending.
The petitioner has made allegations against a friend to whom he gave his Adhar Card and PAN Card in order to help him obtain a loan. He said that his documents had been misused by his friend. Yet he has not revealed his friend’s name in the petition.
Since the registration has been secured by the state GST authorities, the department has nothing to do with the petition.
The court ordered that the Commissioner of GST and state GST authorities treat the petition as a representation and investigate the pleader’s petition as per the law.
| Case Title | Anil Kumar the GST Commissioner, CGST and Central Excise and Ors |
| Citation | W.P.(C) 1897/2023 |
| Date | 14.02.2023 |
| Appellant | Mr. Kamlesh Kumar Mishra, Mr. Akhil Rexwal, Mr. Kailash, Mr. Aditiya, Mr. Bibhuti Bhushan Mishra, Ms. Renu & Ms. Anjani Mishra, Advs. |
| Respondents | Mr. Harpreet Singh & Mr. Jatin Kumar Gaur |
| Delhi High Court | Read Order |
