TMI Blog2020 (2) TMI 1573X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case including the ground of parity and trial not likely to be concluded in near future and accused having already spent a considerable duration in judicial custody, this Court finds it a fit case for grant of concession of regular bail - The application is allowed and petitioner-accused Vinod Kumar Agarwal is admitted to bail subject to furnishing personal bond in the sum of ₹2,00,000/- with one surety in the like amount, to the satisfaction of the learned trial Court. - BA/644/2020 - - - Dated:- 26-2-2020 - M.M. DHONCHAK, SESSIONS JUDGE, GURUGRAM Argued by : Shri Ishan Kaushik, Advocate for the petitioner-accused. Shri Satish Aggarwala, Senior Special Public Prosecutor and Ms. Vandana Agarwal, Advocate for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to create such illegitimate transactions is to hide the malicious tax return information they have to submit to the tax authorities. It has been further submitted that it was alleged by the respondent that the four entities, namely M/s MICA Industries Private Ltd, Delhi and Bhiwadi, M/s Satellite Cables Private Ltd., M/s Sriram Industries and M/s Sri Ram Industries were involved in fake billing and circular trading without concomitant physical supply of goods and payment against the taxable invoices raised. The same was established on verification of transportation records and bank ledgers and bank details which shows that there were no movement of goods and no payment against invoices. It is further alleged that Returns filed under GS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g to ₹80 crores. The case of respondent is that neither applicant received goods nor sold goods. GST is payable on supply of goods and as per respondent, neither goods were received nor goods were sold and resultantly neither ITC was available nor payable. If all the allegations of respondent are accepted for the case of arguments, the outcome of allegations would be that the applicant made book entry on Input Tax Credit as well as payment of GST out of said input Tax Credit. There is no loss of revenue whereas applicant even though slender but had paid some amount in cash to the exchequer. Respondent itself has alleged that these circular entries were made to inflate the turnover and avail loan facilities from different financial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sactions since 2012-13 even though during the said period there was no question of evasion of GST. It shows that there was never intention of evasion of tax and all the business entities made turnover for their own purposes other than evasion of tax. It has been further submitted that the allegations in the complaint are not only vague, lack in better particulars, self contradictory but are also preposterous to the personal knowledge of the applicant. The false allegations made in the complaint are figments of pure imagination and are also palpably absurd, frivolous, vexatious, preposterous, without any substance, sham, bogus, moonshine, worth no credence, mala fide and even against the natural course of normal human conduct and they are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itnesses as entire case is based upon documentary evidences. It has been further submitted that the Hon ble High Court of Punjab and Haryana enlarged Vikas Goel i.e. main accused on bail vide its order dated 10.01.2020 . 2. Notice of the bail application was given to complainant/DGGI who filed reply opposing the bail application contending that role of applicant was different and evidence was also different. It was further contended that it is case of evasion of tax amounting of ₹68,42,00,000/-. 3. Regular bail application was filed. Reply to the bail application was filed. 4. It was argued by the learned counsel for the petitioner-accused that the petitioner deserved concession of bail on the ground of parity in vi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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