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TMI Blog2021 (9) TMI 962X X X X Extracts X X X X X X X X Extracts X X X X ..... p Video Call on the mobile of Sh.Gagan Vaswani, Advocate. Arguments advanced by Sh.Peeyush Gakhar, learned counsel for the applicant-accused Gaurav and Sh.Satish Aggarwal, Sr.SPP for the respondent (on WhatsApp Video Call of Sh.Gagan Vaswani, Advocate) have been heard and record has been perused. 3. Brief facts of the instant complaint are that M/s. Bhagya Deep Traders, Jind is registered under GST vide GSTIN 06AXCPR6655F1ZA dated 21.09.2017, declaring Sh.Raghbir r/o 94/34, Janta Colony, Rohtak as proprietor of the firm and declared its business premises as shop No.4, Housing Board Colony, Jind. M/s. Sawdesh Enterprises, Bhiwani is registered under GST vide GSTIN 06AGKPV4319F1Z8 dated 07.09.2017 declaring Sh.Bajrang Verma r/o 94/34, Janta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liminary scrutiny on the spot by GST officers which included test reports of the patients. Physical verification of the registered address of M/s. Sawdesh Enterprises Rohtak Gate, Bhiwani was carried out and on physical verification, M/s. Sawdesh Enterprises, Rohtak Gate,Bhiwani could not be traced as the address was incomplete and on being enquired, it was found that no such firm ever existed there. Since both M/s. Bhagya Deep Traders, Jind and M/s. Sawdesh Enterprises, Bhiwani were found non-existent at the given addresses, residential premises of Sh.Raghbir, purported prop. of M/s. Bhagya Deep Traders and residential premises of Sh.Bajrang Verma, purported Prop. of M/s. Sawdesh Enterprises, Rohtak Gate, Bhiwani were visited by the CGST ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat these firms were also got registered in GST on identity documents of anonymous persons without their knowledge and consent. Based on identity documents, current accounts were also found opened in the banks in the names of the said firms. It was revealed from the enquiry made from the purported proprietors of these firms that Sh.Ankur Mittal r/o Janta Colony, Rohtak, a key associate of Gaurav Kumar had lured these persons and got these fake firms registered in their names under GST and also opened bank accounts in the names of these firms without the knowledge of the proprietors of these firms. As per allegations levelled in the complaint, the applicant-accused Gaurav Kumar was the mastermind behind registering and operating all the fak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Delhi vide GSTIN07AALCM0072G1ZL and bank accounts of his family members and relatives. In his complaint, the applicant-accused also admitted his mistake that he was involved in registering fake firms on the documents of anynymous persons and issuing goodless invoices through these firms and supplying the same to various firms who needed to inflate their turnovers through a well established network of his accomplices. On verification of data from GST network, it was revealed that ITC of Rs. 89,37,94,050/- was passed on through various fake firms created by Gaurav Kumar as per the sheet enclosed with the statement of Gaurav Kumar which is signed by him. The applicant-accused also disclosed the names of some of the fake firms registered by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant-accused further argued that all the proprietors who were allegedly involved in issuing bills have categorically named Ankur Mittal and Atul as the perpetrators of crime, but the applicant was arrested on the basis of statements of Ankur Mittal and Atul, which is legally impermissible. Ankur Mittal is absconding and has yet not been arrested. The instant case is based upon documentary evidence. The trial of the case may take a long time. No recovery has been effected from the applicant-accused. The applicant-accused has not misused the concession of interim bail granted to him by Ms.Deepti, learned CJM, Rohtak vide order dated 17.05.2021. Therefore, bail application of the applicant-accused may be allowed. 5. On the other hand, S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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