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TMI Blog2017 (2) TMI 467X X X X Extracts X X X X X X X X Extracts X X X X ..... Code and under Sections 85(1)(B), (C), (E), (F), (G) and 85(2)(J) and 85(4) and 85(6) of the Gujarat Value Added Tax Act, 2003 ('VAT Tax') [2] The gist of the allegations made in the F.I.R is of creation of the fake Firms and obtaining registration from the office of the Commissioner of Commercial Taxes on fake documents and by using registration of fake Firms, the Government is put up loss of more than Rs. 100/crores by preparing more than 1,000/bills in the name of fake Firms. [3] Learned advocate Mr. Kariel for the applicant submitted that the applicant is a genuine businessman and is sought to be involved in the offences alleged just on the statement of the coaccused, who was allegedly responsible for creation of the fake Firms and f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oaccused Mukesh Mehta for different fake Firms regularly per month from the applicant are found mentioned. [5] The Court, having heard learned advocates for both the sides, finds that the allegations in the F.I.R are that by making bills in the name of fake firms showing sale of Rs. 1092.91 crore, and purchase of Rs. 1034.58 crore tax credit of Rs. 54.78 crore was of Rs. 45.51 crore were obtained. The persons, whose names were used for creation of fake Firm and registration thereof with the office of the Commissioner of Commercial Taxes, have made statements before the Investigating Officer that the coaccused Mukesh Ambalal has misused the documents taken by him for the purpose of securing loans for them for creating fake Firms. Two of suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Section 85 of the VAT Tax and not under Indian Penal Code, and the offences under Section 85 of the VAT Tax, are bailable offences. [6] The Court, however, finds that the allegations are not simply furnishing of false return or false tax invoices or bills or other documents claiming deduction from the Government or tax credit or doing some act to avoid or evade payment of VAT Tax. The allegations are of creating fake Firms by making false documents by forging the signature of the persons in whose names the Firms were made and based on such false documents, getting registration number from the office of the Commissioner of Commercial Taxes and then showing transactions of business in the name of such fake Firms. The offences charged are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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