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वीरभद्र प्रकरण में सी बी आई और ई डी जांच के कुछ महत्वपूर्ण खुलासे

शिमला/शैल। सी बी आई ने पन्द्रह घण्टे वीरभद्र सिंह से पूछताछ की है। अभी ई डी में पूछताछ होना बाकि है क्योंकि ई डी में अभी तक कोई पेश ही नहीं हुआ है। पन्द्रह घण्टे की पूछताछ का आधार बनी जांच रिपोर्ट के कुछ महत्वपूर्ण खुलासे पाठकों के सामने रखे जा रहे हैं। यह खुलासे 23 मार्च के अटैचमैंट आदेश के हिस्से हैं। जो ई डी के संयुक्त निदेशक डा0 गिरीश बाली द्वारा जारी किया गया है।

1 That during the check period from 28.05.09 to 26.06.2012 shri Virbhadra Singh acquired assets disproportionate to his known source of income to the tune of Rs. 6,03,70,782/- and further tried to justify the same in the name of agriculture income
2.During the course of assessment proceedings, huge cash deposits were noticed in Bank A/Cs No. 3889000100524815 & 03461000004301 maintained with Punjab National Bank and HDFC Bank both located at Sanjauli Shimla in the name of Shri Anand Chauhan. He claimed in his initial reply to the Income Tax department dated 22-11-2011 that cash deposits belonged to his joint family but later on changed his version by giving a copy of Memorandum of Understanding dated 15-06-2008 with Shri Virbhadra Singh (HUF) for management of ShriKhand Orchard at Damrali Rampur Bushar and explanation that cash deposits were from sale of agricultural produce sold on behalf of Shri Virbhadra Singh (HUF) The original M.O.U. was not produced for verification before Income Tax authorities and there were cuttings in the photo -copy furnished and also cuttings in the register of vendor who had issued the stamp paper.
3.Shri Anand Chauhan had been regularly depositing cash amounts in the said accounts and got LIC policies issued in the name of Shri Virbhadra Singh and his family members i.e. Smt. Prathiba Singh, Shri Vikramaditya Singh and Ms. Aprajita singh.
4. On 02-03-2012 Virbhadra Singh (HUF) filed revised returns of income for 3years and increased the agricultural income substantially from Rs 47.35 lacs to Rs 6.56 crores.
5.According to the Income Tax investigation the contention of Shri Anand chauhan and Virbhadra singh (HUF) to justify the sudden increase in agricultural income was that :-
(a) Shrikhand orchard consisted of about 3500/- trees . The production of one tree was approximately 8-10 boxes. Therefore Shrikhand orchard was capable of producing about 35000 boxes and same could easily be sold for Rs. 2.5 -3.0 cr.
6. The I -Tax authorities were of the view that since it is the claim of suspected persons that approx. 35000 number of boxes of apples were produced and transported mostly through tipper vehicles, these small vehicles could carry only between 100-250 boxes in tippers and much lesser boxes in other small vehicles. Hence about 200 to 250 trips will be required to transport 35000 boxes. The suspicion of I-Tax authorities was found true when not even a single entry of these vehicles found their mention in the Govt. Records. Thus I-Tax authorities were of firm conclusion that no such agriculture produce was ever transported from Rampur to Parwanoo.
. But surprisingly , the LIC policies purchased through Shri Anand chauhan on the behalf of the members of the HUF after signing original LIC application forms from 2008-09 onwards made it amply clear that Shri Virbhadra Singh as Karta of HUF, was in full knowledge about the investments made in purchase of LIC policies much before settlement of accounts .
8. Credible Information was received from office of Life Insurance Corporation , sanjauli Branch, Shimla vide letters dated 12.01.2016 , 29.01.2016, 13.02.2016 and 18.02.2016 which confirmed that 19 policies were purchased in the names of Shri. Virbhadra Singh and his family members. The Life Insurance policies of life Insurance Corporation of India through sanjauli Branch Shimla H.P. had been purchased from 2007 to 2010 (one policy out of 19 relates to the year 1994) mostly in cash in the names of Sh. Virbhadra singh S/o Late Sh. Padam singh R/o Holly Lodge. Jakhoo. Shimla HP Smt. Pratibha singh W/o Shri Virbhadra singh R/ o Holly Lodge, Jakhoo Shimla H.P. and Ms. Aprajita singh D/o Sh. Virbhadra singh R/o Holly Lodge, Jakhoo Shimla HP. Out of these policies, only 4 policies are in force and majority of them were enchashed A summary of the information provided by LIC vide their letters dated 12.01.2016 , 29.01.2016 13.02.2016, 18.02.2016 ,06.02.2016 ,24,02.2016, 25-02-2016 and details of transactions from bank account of Sh. Virbhadra singh his family members shows how the policies were obtained and where the redemption was used.
9. AND WHEREAS the investigation revealed that most of the LIC policies were purchased through one Sh. Anand chauhan. One policy bearings number 153596174 in the name of Shri Vikramaditya singh was purchased from account of Ms. Kanupriya Rathore with PNB sanjauli bearing NO. 1488001500000881 in 2010. Three LIC polices were purchased from the two separate accounts of Shri Meghraj Sharma bearing number SB- 20016 with Punjab and Sind Bank, Sanjauli and A/c No. 3889001300000819 with PNB Sanjauli. All the cash deposits against which the policies were purchased were deposits by shir Anand Chauhan in his bank account and in the accounts of Shri Meghraj Sharma and Ms. Kanupriya Rathore.
10. To check the veracity of claim of substantial increase shown in the sales of apples by Anand Chauhan enquires were made with the other alleged contractor Shri Bishambar Dass. The contract for Shrikhand Orchards in year 2008-09 was with one Shri Bishamber Dass S/o Shri Durga Dass R/o Village P.o Danda, Tehsil Rampur Distt. Shimla (HP) He in his statement dated 15.01.2016.He stated that he never met Shri Anand chauhan or heard abouthim in Shrikhand orchard.
11.(IV) Approximate yield of Apple in 105 Bigha orchard situated in District Shimla based on the working done replied earlier by Director of Horticulture was as under:-

Sr. No           Year          Approximate Yield of apple     Number of expected boxes
                                      in 105 bighas orchard            of Apples ( calculations
                                                                                    as per Assessment order of
                                                                                           IT authorities)
1.                2008-09                        112.812 MT                       5500
2.                2009-10                           55.860 MT                      2700
3                 2010-11                          191.604 MT                     9300

12. Statement of Sh. Bhanu Sharma S/o Late R.N Sharma Secretary APMC Solan was recorded on 08.02.2016 who stated that.:-
(i) TheMandi at Parwanoo started about 28 years back and it stopped functioning after 4-5 years of its operation after which Mandi started functioning from july 2009 onwards till date.
(ii) That form R was a grower parcha which is given by the commission agent to the grower of the crop mentioning the Rate Quantiy total amount of the crop etc.
(iii)That Form Q is a bill which is given to the buyer by the commissions agent mentioning the commission which is 6% out of which 1% is to be deposited as Market Fees to the APMC.
However no required documents as mandated by APMC were Submitted by Anand chauhan during the course of investigation.
13. The records of the Directorate of Transport 04-03-2016 revealed that the (vehicle numbers) as obtained from records of CBI provided in the sale vouchers issued to Shrikhand Orchard by Chunni lal Chauhan were not in existence. The enquiry of vehicles conducted by the I.T department also brought out the fact that the vehicles were not of the type and make capable of transporting the apples.
14. He admitted that no overwriting or cutting is allowed in the register maintained for stamp paper. But at the same time he agreed that he made entries at Serial No 1284 and 1287 of the register and the stamp papers were allegedly sold to Shri Anand chauhan and there was overwriting on both the entries of stamp papers on the Register.
15. Above facts indicate that the stamp paper with entry no.1248 of the stamp vendor register was used by Laiq Ram in the UCO Bank the Same entry of the stamp vendor registered has been made on stamp paper used by Virbhadra singh in agreement between him and Anand chauhan. The above enquiry clearly shows that a fabricated agreement was signed between Sh.Virbhadra singh and Sh. Anand Chauhan.
16. Further he claimed that all the payments in cash were made from his office only except one crore rupees which was made by buyers to Anand chauhan through him for which he made 13 general entries that thses payments were made at his office by buyers directly. On being asked about providing details regarding the highest amounts of cash payments to Anand chauhan he denied remembering the same
17. As his statement of payment of one crore was contradictory to the field enquiries done from the buyers of apples he was quizzed about reply received from 6 firms out of 13 named by him i.e. RS Anwar Sons Chennai P.R. Ganapti Chennai, EDS fruit Chennai R. Syed Omar. Diamond Fruit Company, Bangalore, Patambi Fruit company Kereala which denied making any cash payment to him or through him whereas other were either not existing at the given address or could not be located . He was evasive and said he did not know why they are saying so.
18. Meghraj Sharma states that 3 LIC Policies were issued in the name od Smt. Pratibha Singh Sh. Vakramaditya singh and Ms. Aprajitas Kumari bearing No. 153596173, 153234332 and 153234335 vide cheque No. 112921 of Rs. 50,00,000/- from his account in Punjab National Bank Sanjauli in February 2010 Two policies of Rs. 10,00,000/- each was issued vide Cheque No. 21570 of Rs. 20,00,000/- issued from his account with Punjab and sind Bank sanjauli Branch.
B) That the amounts in his bank accounts were deposited in cash by sh. Anand chauhan who was an LIC agent '
19. Shri Dinesh Sood who has been reportedly handling transport from Shrikhand orchard was summoned on 22-03-2016 and he stated that in the F.Y. 2008 -09 , 09-2010 & 2011-2012 he had given his vehicle No. HP 63 - 1568 to Ram Asray Thakur .
(IV) That Ram Ashrey Thakur used to utilize the said truck for transporting fertilizer, stones etc.
(V) That he did not know shri Anand chauhan and shri Chunni Lal Chauhan.
20. That the agreement with Bishamber Dass forged and fabricated on a back date as revealed by enquiry regarding stamp paper being dispatched by the security press on a date later than the signing of the said agreement meaning thereby that there was no genuine agricultural income.
21. Anand chauhan knew that he had to deposit cheque with LIC then why he would take the risk of carrying cash all the way from Parwanoo to Shimla and then keep it with him for days. He has deposited cash whenever required for obtaining LIC policy. Therefore his assertion that he took cash from sale of fruits appears to be a ploy to cover up proceeds of crime and to project the same as untaunted property.

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