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2021 (11) TMI 158

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..... enced till date. Keeping in mind, the fact that the trial is yet to commence, no useful purpose would be served by further detaining the petitioners behind bars who have been in custody since last about 2 years - the petitions merit acceptance and are hereby accepted and the petitioners are ordered to be released on regular bail on their furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. Petition allowed. - CRM-M-27381-2020 (O&M), CRM-M-22375-2020(O&M) and CRM-M-2253-2021(O&M) - - - Dated:- 29-10-2021 - HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present: Mr. Yashveer Kharb, Advocate for the petitioner in CRM-M-27381-2020. Mr. Parveen Sharma, Advocate for the petitioner in CRM-M-22375-2020. Mr. Parminder Singh, Advocate and Mr. Kawalpreet Singh Virk, Advocate for the petitioner in CRM-M-2253-2021. Mr. Deepak Sabherwal, Addl. A.G., Haryana with Mr. Rajiv Sidhu, DAG, Haryana, assisted by ASI Vinod Kumar. GURVINDER SINGH GILL, J. 1. This order shall dispose off the above mentioned three regular bail petitions filed on behalf of Manish, Rajesh and Inder Partap .....

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..... gation, it further transpired that the 18 firms so constituted by the accused had further issued bills in favour of 421 different industrial units based in Panipat and the said industrial units of Panipat, on the basis of such bills which also reflected payment of GST had inflated their expenditure and payment of GST though infact such expenditure had never been actually incurred. In other words, such industrial units of Panipat were evading payment of a substantial amount of GST on the ground that the initial supplier i.e. M/s Lalit Trading Company had already charged GST. Although, the payments by the said industrial units used to be made by the aforesaid bogus 18 firms by way of banking transactions but the said amount used to be withdrawn from the accounts of the said firms by the accused and used to be given back to the industrial units of Panipat after retaining a certain percentage. It is the case of prosecution that fraudulent transactions of colossal amount of more than ₹ 1325 crores had been effected ultimately leading to a loss of about ₹ 80 crores to the State Exchequer in the shape of evasion of payment of GST. 4. The learned counsel representing the .....

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..... Total Tax 1 M/s Soni Textiles Sonia D/o Sabira 8607870002 (Sat Narayan) 8607870002 panipat34@ gmail.com panipat34 @gmail.com 43,30,16,964 3,28,32,271 2 M/s Sri Rameshwaram International Sangeet S/o Sabira 9050007237 (Sumit) 992000974 (Inder) 992000974 (i) rkmittal2011@ gmail.com (ii) rkmittal2011rk @gmail.com 42,55,49,615 3,04,30,178 3 M/s Shree Balaji Wooltex Inder Pratap Singh S/o Ramesh Chander 9050007237 (Sumit) 9034697683 9034697683 (i) panipat34@ gmail.com rkmittal2011rk@ gmail.com (ii) rkmittal2011rk@ gmail.com 32,05,51,590 2,24,46,239 4 M/s Radha Kanheya Export Sumit S/o Raghunath Tiwari 9050007237 9050007238 (Rajesh Mittal) 9050007238 rkmittal2011@ gmail.com rkmittal2011@ gmail.com 40, .....

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..... 0974 (Inder) 9992000974 vs567544@ gmail.com vs567544@ gmail.com 9,37,49,984 84,06,738 13 M/s Maa Karni Yarns Ranjit Singh s/o Devi Singh 9812231939 (Ranjit) 9812231939 (i) maakarniyarns. mka@gmail.com (ii) maakarniyarns. mka@gmail.com 25,81,42,595 1,94,78,017 14 M/s Ridhi Sidhi Overseas Shama Rani D/o Som Nath 8813064073 9992000974 9992000974 (i) ravindersaini92@ gmail.com rkmittal2011rk@gmail.com (ii) rkmittal2011rk@gmail.com 55,80,76,904 3,77,14,022 15 M/s Shree Ganesh Textiles Shama Rani D/o Som Nath 8930213110 8930213110 (i) ravindersaini92@ gmail.com (ii) ravindersaini92@ gmail.com 27,18,59,699 2,59,02,907 16 M/s Bala Sundri Textiles Amit Kumar S/o Karmvir Singh 9992000974 (Inder) 9992000974 .....

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..... t about 2 years and that till date even the charges have not been framed, though challan was presented on 10.8.2019. 9. I have considered rival submissions addressed before this Court. 10. The evidence collected during the course of investigation certainly points towards the complicity of the petitioners, particularly the fact that bogus firms have been registered while furnishing e-mail ID and phone numbers of the accused. Still further, in various of the firms, it is Rajesh Mittal, who is the authorized signatory. Further, transfer of amounts in the personal bank account of the accused from the accounts of the firms would also nail the accused as regards their guilt. However, in the instant case, the challan was presented about 2 years back and till date even the charges have not been framed. An amount of about ₹ 6 crores has already been recovered by way of compounding, from the owners of the industrial units in Panipat who had allegedly benefited from the forged bills. The petitioners have been behind bars for a substantial period of about 2 years. Conclusion of trial is likely to consume time as the trial has not even commenced till date. 11. Keeping the afor .....

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