TMI Blog2019 (3) TMI 486X X X X Extracts X X X X X X X X Extracts X X X X ..... or issues any invoice or bill without supply of goods or services of both or avails input tax credit using such invoice, shall be punished with imprisonment of term which may extend to 5 years and with fine, if the amount involved is more than ₹ 500 Lakhs. In view of the statement of the petitioner recorded u/s. 70 of the GST Act and the fact that the main accused have not been arrested so far, in the considered opinion of this Court, the petitioner is not entitled for grant of bail. Application dismissed. - M.Cr.C. No. 7932/2019 - - - Dated:- 26-2-2019 - Vivek Rusia J. For the Petitioner : Shri Vivek Dalal, learned counsel For the Respondent : Shri Prasanna Prasad, learned counsel ORDER This is a first ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. After obtaining GST Registration number, he send the registration number to Jayesh Bhai through Whatsap. Thereafter, Jayesh Bhai has directed him to obtain such type of GST Registration number and offered ₹ 1.00 Lakh for registration. As per his own admission, the petitioner has obtain registration certificate of as many as 59 fake firms. Present petitioner along with Jagdish Kanani created many bogus and fake firms and issued fake invoices to get the input tax-credit through these invoices and defrauded the Govt. Exchequer and as a result of the investigation till date it is found that in total, these firms received fake invoices of ₹ 9,217.14 Lakhs for inward supply and issued fake invoices of ₹ 9,799.09 Lakhs for ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, he has wrongly been made accused u/s. 132 of the GST Act. His statement has already been recorded and his custody is not required for further investigation and he will cooperate in further investigation, if any, and is ready to appear before the respondent/prosecution as and when his presence is required. The investigation may take long time to conclude, hence he deserves to be released on bail. 6. On the other hand, Shri Prasanna Prasad, learned counsel appearing for the respondent/prosecution, opposes the bail application. He has produced the statement of the petitioner and other witnesses. He submits that the statement recorded by the petitioner is admissible in evidence and which can be used against him in the trial as held by ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
