9911796707
TMI Blog2021 (7) TMI 807X X X X Extracts X X X X X X X X Extracts X X X X ..... s Tax Act. 2. As per the case of prosecution, investigation was carried out by DGGI, RRU, Rajkot regarding fraudulent transfer of input tax credit and evasion of huge amount of GST by procuring invoices without actual supply of goods and further to pass on input tax credit to various mineral manufacturers in Morbi-Wankaner region. Accordingly, investigation was carried out and on investigation and searches carried out at different places including the entities namely M/s Action Industries, M/s Himat Trading Co., M/s Martiz Cera & M/s Satyavijay Enterprise, it was found that the applicant had received and then supplied invoices without actual receipt and supply of goods resulting in the evasion of GST to the tune of Rs. 18.04 Crores. Presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rial from the father of the applicant and even no remand application was filed at the time of his production. It is submitted that the case is based on documentary evidence and the necessary material and other documents have already been seized by the Department and as the applicant is not required for the purpose of investigation and is entitled to be released on anticipatory bail. Ld. counsel for the applicant further submits that the respondent has issued summons to the applicant on 12/02/2021, 05/03/2021 and 28/04/2021 for recording of his statements and the applicant apprehends that he too will be arrested if would appear in response to the summons of the respondent. It is submitted that the respondent department so far has not filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mulchand Barad Vs. DGGI-Supreme Court; vi] C. Pradeep Vs. Commissioner of GST and Central Excise 4. Per contra, Ld. Advocate Mr. Y. P. Jadeja has appeared on behalf of the prosecution - DGGI, RRU and has submitted that the offence committed by the applicant are serious in nature and the applicant has availed Input Tax Credit to the tune of Rs. 18.04 crores without actually receiving the goods on the basis of invoices raised by the firms which were not in existence and were fake thus causing a huge loss to the state exchequer. Further, cash amount of Rs. 99,35,000/- sent by Virat Dhanjibhai Bhatiya through his brother-in-law to the father of the applicant was also recovered by the officials. It is further submitted that though on paper, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her of the applicant also confessed receiving the invoices from Virat Dhanjibhai Bhatiya without actually receiving the goods and further issuing invoices in favour of M/s Link International and M/s Link Corporation for the purpose of utilizing Input Tax Credit without actual supply of goods. It is submitted that huge loss have been caused to the Government by virtue of fraudulent utilization of Input Tax Credit in conspiracy and connivance with co-accused persons and as such the applicant is not entitled to any relief. Ld. counsel has further relied upon the judgement of Hon'ble Supreme Court passed in the matter of Nimmagadda Prasad V/s. C.B.I., Hyderabad and argued that the economic offences constitute a class apart and need to be visite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s concerned. The applicant has further agreed to provide co-operation to the investigation /Intelligence Officers of the Department ongoing investigation against him. 7. In Abhinay Agrawal Vs. State of Gujarat, the Hon'ble High Court has grated bail to the applicant in similar type of case on deposit of amount of Rs. 1 Crore. Further, in Darshan Dinesh Patel Vs. Commissioner of Central Goods and Services Tax, the bail was granted on deposit of Rs. 25 Lakh. 8. Further keeping in view the orders passed by the Hon'ble High Court in other matters relied upon by the Ld. Counsel for the applicant in similar circumstances, I deem it fit to exercise discretion in favour of the applicant for grant of bail under section 438 of Cr. P. C.. O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not possess the passport, an affidavit to that effect shall be filed within a period of seven days as mentioned above. 5. The applicant shall not tamper with the evidence or threaten the witnesses or act in any manner prejudicial to the case of prosecution. 6. That the applicant shall deposit an amount of Rs. 32 Lakhs before the respondent department i.e. DGGI within a period of four weeks from today. 7. The applicant shall extend every possible co-operation in the investigation required by the investigating agencies and shall appear before the investigating agencies as and when required by it. 8. Applicant shall not leave India without the prior permission of the Trial Court. 9. Yadi be sent to the concerned department. Pronounced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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