TMI Blog2021 (11) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... ing of evidence or influencing the witnesses, the applicant has made out a fit case to grant regular bail - application allowed. - Bail Application No. 2045/21 - - - Dated:- 22-10-2021 - SHRI ANIL ANTIL; ASJ 04, PHC, NEW DELHI Present: Sh. Harpreet Singh, Standing Counsel the Department/CGST along with Sh. Praveen Kumar, IO. Sh. Puneet Sharma and Sh. Gagan Kumar Singhal, Advocates for the applicant/accused. It has been argued by the learned counsel for the applicant that the applicant is a Chartered Accountant by profession and has been falsely roped in into the present case by the complainant department, primarily on false, fabricated and concocted facts. It is submitted that as per the case of the prosecution, an inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng any progress to his case. It is further submitted that the allegations of abetment against the present applicant in terms of Clause (l) of Section 132 of the CGST Act are bailable in nature; and besides that, no other provisions of the CGST Act are attracted to the case of the applicant. It is vehemently argued that the applicant is neither the proprietor nor the the director/employee/accountant or the authorized signatory of the fake firms in respect to which the department is alleging fraudulent ITC claims. That no recovery of any incriminating material has been made from the present applicant, that the department is in possession of all the data on portal and further no recovery also is to be effected from the applicant/accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that co-accused persons through those fictitious firms have generated ineligible ITC to the tune of ₹ 117 crores as per investigation conducted so far, causing loss to the government exchequer. It is submitted that Shubham Gupta after receiving the amount via fake invoices used to transfer the same to other firms i.e. oil dealers. The said firms would make B2C Sales for cash to Shubham Gupta's fake firms and would transfer the amount to money exchange companies like M/s. Rapipay Fintac Services Pvt. Ltd. and through such dubious transactions, the money would be converted into cash and returned to the main accused after deducting their commission. It is stated that the present applicant was handling the affairs of M/s. Rapipa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also the fact that the applicant is a student pursuing his higher professional degree/diploma, and also note of the fact that there are no allegations of tampering of evidence or influencing the witnesses, in my considered opinion, the applicant has made out a fit case to grant regular bail. Accordingly, the present application is allowed and applicant Sulender Shah is admitted to bail on his furnishing a personal bond in the sum of ₹ 50,000/with two local sureties of the like amount to the satisfaction of learned MM/Duty MM/Link MM subject to the following terms and conditions: i) that the applicant shall not try to hamper the investigation or tamper with the evidence; ii) that applicant shall not directly or indirectly, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
