TMI Blog2019 (11) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... DARI For Petitioner(s): Mr. Vivek Raj Singh Bajwa For Respondent: Mr. Siddharth Ranka ORDER 1. Petitioner has filed this bail application under Section 439 of Cr.P.C. 2. Case No. iv(6)118/AE/JPR/2019/PART-1 relating to offence under Section 132(1)(e) of Central Goods Service Tax Act, 2017 regarding which bail application has been rejected by Sessions Judge, Jaipur Metropolitan, Jaipur. 3. It is contended by counsel for the petitioner that petitioner was the Manager and Authorized signatory of Padmavati Industries. The partners of the firm were Namrata Jain and Santosh Kumar Jain. Department conducted an investigation and came ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and in the reply filed by the Union of India, they have not mentioned that any fake invoices were prepared for claiming tax credit. 9. Counsel for the Union of India has vehemently opposed the bail application. It is contended that the annual turn over of Padmavati Industries was just to the tune of ₹ 1 Crore which within a year rose to more than ₹ 100 Crore. A refund of ₹ 23 Crore was claimed and a refund of ₹ 18 Crore was granted. Seven entities from whom firm claimed to have purchased material, were not in existence and Input Tax to the tune of ₹ 7.12 Crore was wrongly claimed. 10. It is further contended that petitioner is not merely a Manager but he is also having 40% sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the record of the Department from which it is revealed that Firms were in existence. As per Rules 25 of the GST Rules, it is incumbent upon the Department to verify that the Firms/Companies which are registered are actually in existence. 15. Considering the contentions put forth by counsel for the petitioner also taking note of the fact that the partners of the firm have been granted protection by the Apex Court and petitioner is in custody from 28.08.2019; the total amount which as per Department is wrongly claimed after deposit of ₹ 3.33 Crores is less than ₹ 5 Crore, I deem it proper to allow the bail application. 16. This bail application is accordingly allowed and it is directed that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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