Friday, December 8

ED says: There're complications in submitting Report in more than 10 Thousand Crore VAT Scam. HC directs to file Affidavit

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ED is in the eye of storm after the Punjab and Haryana High Court directed it to file Affidavit explaining the complications, which according to the Counsel for ED, have arisen in submitting the composite report relating to the investigation of more than 10 Thousand Crores VAT Scam. In fact, on September 30, 2017, the ED had ensured the HC that the ‘investigation will be expedited and composite report will be submitted within two months. However, on Friday the ED informed that, the report could not be filed as ‘certain complications have arisen’ Therefore, the HC has directed to file Affidavit explaining the complications in submitting report on before the next date of hearing, i.e., on 14.02.2017.
ORDER DATED: 08/12/2017
ORDER DATED: 13.09.2017

Issuing the notice on April 11 on a petition filed by whistleblowers, Justice Paramjit Singh Dhaliwal of the Punjab and Haryana High Court observed that the Special Investigation Team (SIT) formed by the Haryana Lokayukta had found developers in Gurgaon, Faridabad, Sonipat and Panipat in nexus with officials of the Haryana excise department indulged in large-scale tax fraud. The court quoted the SIT report, which had found DLF Gurgaon, BPTP Gurgaon, Omaxe Faridabad, BPTP Faridabad, Unitech Gurgaon, TDI Panipat, Skylight Hospitality and others had evaded valued added tax/sales tax on work contracts. These builders had collected the taxes from prospective buyers but had failed to deposit them with the state government, the report said.
ORDER DATED: 11.04.2016
The SIT report submitted to Haryana Govt. on January 14, 2015, said the tax evasion required inquiry in Delhi, Rajasthan, Punjab and other states and it would be appropriate if the probe was conducted by the CBI. Rice processors in Haryana may also face the music as their names figure in the SIT report. It was noticed by the SIT during enquiry that officers of Excise & Taxation Department, Haryana, at all levels in connivance with the traders and builders/developers caused huge loss to the state. The system of Tax Evasion/Refund by corrupt means is a well established and unofficially approved system which is mutually beneficial to the excise and taxation officers and traders and builders and hence nobody wants to disturb this convenient system....”
SIT FINDINGS


The SIT Lokayukta also mentioned “A number of other cases of builder/developer could not be examined due to non co-operation on part of the District Excise and Taxation Commissioners of Gurgaon and Faridabad, which confirms the allegations of the complainant that these builder/developers have not paid the Sales Tax/VAT as applicable on sales of flats/shops to prospective buyers. An estimated loss of about Rs. 10,000 Crores is involved in the files....  
The SIT also felt that since the tax evasion scandal involves big names and affirms and cannot be going on without active support of Excise & Taxation Officers at all levels as it also involves jurisdictional issues as it demands enquiry in Delhi, Rajasthan, Punjab and other states, it would be appropriate if this matter is investigated by an agency like CBI
Now, the matter has been posted for hearing on 14.02.2017



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