Indian Kanoon - Search engine for Indian Law

7.10 It is important to mention that on account of survey / enquiry action of the S T Department, generally genuine parties will never run away from their locations, by leaving aside their business set-up and other trading items/stocks. It is pertinent to mention here that of above action of the S T Department, all such bogus parties have run away from their sites. It is surprise to note that out of thousands of such hawala parties, not even a single hawala party, could be located, after action of the S T Shri Hasmukh Jagshi Department and in other cases also neither of the appellant could furnish the verifiable addresses of these hawala parties. Not even singly entity was found having any trading stock at their sites, during the course of closure of the business. This clearly establish the fact that in the market, the scam of hawala billing was going on, in a systematic manner, to generate the cash, for the purpose, which is well known in the trade, in the form of parallel economy/ for illegal activities. This scam was going on in the market, in the name of persons / employees (who are not men of means), who do not have their permanent establishment in the city and were operating from vented premises, therefore, run away from the scene, hence not traceable. In view of these facts, in my considered opinion, this type of scam should not be legalized, by restricting the disallowance of bogus purchases to a certain percentage, unless and until it is proved that the appellant had affected, the certain purchases from grey markets due to compelling • circumstances, as the same were not available in the regular market, as has been held in the case of M/a. Kanchwala Gems Pvt. Ltd. vs. JCIT 288ITR10 (SC).