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2017 (2) TMI 467 - GUJARAT HIGH COURT

2017 (2) TMI 467 - GUJARAT HIGH COURT - TMI - Anticipatory bail - Misuse of input tax credit - 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 - Held that: - The offences charged are of the criminal breach of trust, misappropriation, cheating and forgery under the Indian Penal Code, as also under Section 85 of the VAT Tax Act. - The applicant is involved in making use of f .....

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2017 - Dated:- 6-2-2017 - MR. C.L. SONI, J. FOR THE APPLICANT : MR NIKHIL S KARIEL, ADVOCATE FOR THE RESPONDENT : MS. MOXA THAKKAR APP ORAL ORDER [1] The present application is moved under Section 438 of the Criminal Procedure Code, 1973 ( the Code ) seeking anticipatory bail in connection with the F.I.R at AnnexureA registered as C.R. No. I07/ 2016 with Ahmedabad Zone Police Station, CID crime for the offences punishable under Sections 406, 409, 420, 467, 468, 471, 474 and 120B of the Indian P .....

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rned 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 for getting the registration from the office of Commissioner of Commercial Taxes in the name of such fake Firms. He submitted that even in the name of alleged fake Firms the VAT Tax was paid and therefore at the best, it would be a cause of nonp .....

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cumstances it could be said that the offences alleged in the FIR are made out against the applicant. [4] Learned APP Ms. Thakkar submitted that during the investigation, the investigating agency has found that coaccused Mukesh Mehta, who had prepared documents to create fake Firms and to get registration in the name of such fake Firms was being regularly paid different amounts by the applicant. She has shown the statement recorded by the Investigating Officer to point out that at the instance of .....

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name of fake firms showing sale of ₹ 1092.91 crore, and purchase of ₹ 1034.58 crore tax credit of ₹ 54.78 crore was of ₹ 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 fa .....

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d Mukesh Mehta has stated in his statement dated 23.09.2016 that after creating of fake firms and getting registration in the name of such Firms, the applicant was showing business done in the name of fake Firms and he was regularly getting ₹ 15,000/per month from the applicant. He has further stated that he was only collecting the documents for creating of fake Firms but all other activities like purchase and sale, relating to Bank and submitting Chalan etc. were being done by the applica .....

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