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Information and evidences, as available on record with the Income
Tax Department, showed that Mr. Bharat Bomb, the assessee, had
involved in taking fraudulent and fake transactions in the three
branches of Syndicate Bank namely Jaipur Malviya Nagar, Jaipur M.I.
Road and Udaipur branches, totaling to Rs. 1000.63 crores. The fraud
was done over a period of more than four years and it is estimated
that 157 accounts were used and defrauded the Bank by resorting to
Discount of Fake cheques, discount of fake inland bills and arranging
overdraft limits against nonexistent LIC policies. These fraudulent
transactions were done deliberately and with dishonest intention to
Pradeep Nimwat
siphon off the funds of the Bank for illegal personal gains. The amount
has been remitted to accounts maintained at Union Bank of India,
Sukhadia Circle Branch, Fatehpura Branch and Udaipur Main Branch.
Apart from this, remittances have gone to other 29 banks covering
various branches to places like Agra, Indore, Kolkata, Mumbai,
Bangalore, etc..Records showed that the Total Income declaredby the
assessee for the assessment year 2013-14, through return ofincome
filed on 26/03/2014, was Rs.8,11,450/-.This does notcommensurate
with the huge amount transactions carried out by theassessee. The
assessee has not submitted explanation regardingtransactions,
deposits and credits in various bank account in the Syndicatebank
and, therefore notice u/s 148 was issued to on 13.04.2021. In view
ofthe Hon'ble Supreme Court order dated 04/05/2022, in Civil
AppealNo.3005/2022 in the case Union of India &Ors. Vs Ashish
Agarwal and inview of instruction no 01/2022 dated 11thMay, 2022
issued by CBDT, NewDelhi incompliance to the judgment of the
Hon'ble Supreme Court, showcause notice u/s 148A(b) was issued to
the assessee on 23/05/2022. Anorder u/s 148A(d) was passed,
wherein explaining the facts of the case on30/06/2022. Subsequently,
notice u/s 148 was issued on the same date.
3. The assessee, Mr. Bharat Bomb, had involved in taking fraudulent
andfake transactions in the three branches of Syndicate Bank namely
JaipurMalviya Nagar, Jaipur M.I. Road and Udaipur branches, totaling
to Rs.1000.63 crores. The fraud was done over a period of more than
four yearsand it is estimated that 157 accounts were used and
defrauded the Bankby resorting to Discount of Fake cheques, discount
of fake inland bills andarranging overdraft limits against non-existent
LIC policies. Thesefraudulent transactions were done deliberately and
with dishonest intentionto siphon off the funds of the Bank for illegal
personal gains. The amounthas been remitted to accounts maintained
at Union Bank of India,Sukhadia Circle Branch, Fatehpura Branch and
Udaipur Main Branch.Apart from this, remittances have gone to other
29 banks covering variousbranches to places like Agra, Indore,
Kolkata, Mumbai, Bangalore, etc..Records showed that the Total
Income declared by the assessee for theassessment year 2013-14,
through return of income filed on 26/03/2014,was Rs.8,11,450/-. This
does not commensurate with the huge amounttransactions carried out
by the assessee. The assessee has not submittedexplanation
regarding transactions, deposits and credits in various bankaccount in
the Syndicate bank.
...............................................................................
30 ITA Nos. 317 & 318/Jodh/2023
Pradeep Nimwat
5. During initial verification carried out by the Income Tax
Department,statements were recorded from the assessee and were
placed on record.n perusal of the statement u/s 131 of the I.T. Act,
1961, recorded on13.3.2019, it is noticed that, in question No. 7 the
assessee was askedhow assessee and others have done the fraud
with Syndicate Bank. In thereply the assessee stated that the
assessee and others had defrauded theBank by resorting to Discount
of Fake cheques, discount of fake inlandbills and arranging overdraft
limits against non-existent LIC policies.Further in question No. 9, the
assessee was asked about the bankstatements of the 10 persons and
about the transactions in their bankaccounts. In the reply assessee
admitted that all the 10 people wererelatives and employees and that
the assessee have fraudulently usedtheir documents and account to
obtain loan from Syndicate Bank. Further,it was also admitted that
from the financial year 2011-12 to the financialyear 2015-16 all the
financial transactions were done by the assessee andonly assessee
himself is accountable for those transactions and is readyto accept
accountability of those transactions. Further, in question No. 11and 12
the assessee was asked about the use of the amount obtained by
loan. In the reply the assessee has stated that he had used those
amount obtained by fraud loans in settling the old small term loans.
The assessee has further stated that there is no loan outstanding
against the 10 names asked in question No. 9 and all fraud loans were
settled accordingly. It was further noticed that the assessee had filed
return of income u/s 139(4) for the assessment year 2013-2014 on
26/03/204, by declaring total income of Rs.8,11,450/-. The income
declared comprised income from house property, income from
business and income from other sources. Income from house property
was declared by the assessee by not disclosing the details or
addresses of the properties that were let out, although the return has a
provision for entering such details. Business income part of the return
has no details of any business transactions, rather Rs.5,57,440/- was
shown as gross profit and as net profit. The assessee has accepted
that he has done fraud with Syndicate Bank and assessee himself had
taken all the accountability and responsibility for the fraud done with
Syndicate Bank.
6. As per data available on record, as disseminated and informed by
thebank authorities through various avenues showed that the
assessee hadindulged in fraudulent transactions by way of discounting
fake cheques,discounting fake bills, creating overdrafts against non-
31 ITA Nos. 317 & 318/Jodh/2023
Pradeep Nimwat
existent LIC policies etc. during financial years extending from 2011-2
to 2016-17 and the totalof such transactions amounted to
Rs.1000,63,24,000/- (approximately Rs1000.63 crores). The year
under verification through notice issued u/s 148on 30/06/2022 is for
the assessment year 2013-14, representing thefinancial year 2012-13.
The data and information available on record havebeen verified and
the break-up of details shows that there had beentransactions by way
of creating overdrafts against non-existing LIC policiesin the name of
customers and generating income through receipts/credits.