9911796707
TMI Blog2022 (1) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... grounds inter alia that it is not tenable in law and therefore, appropriate direction should be made for his release from judicial custody on such terms and conditions, as deemed just and proper, in the fact and circumstances of the case. 2. The petitioner is a Chartered Accountant and is alleged of utilizing and passing bogus ITC of Rs. 3,19,64,16,609.16/- that included claim and availment of bogus ITC on the basis of fake invoices by creating and operating 13 fictitious firms. It is made to reveal from the record that on the basis of a confidential information and investigation concluded by the Deputy Commissioner of Sales Tax and Enforcement Unit, Sambalpur, report was submitted against the petitioner for having committed offences under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being a Chartered Accountant, he only registered the alleged firms based on documents supplied to him which is also reflected in the investigation report submitted by the CT and GST Enforcement Unit, Sambalpur. The petitioner contends that he is neither a registered dealer nor duly authorized under the OGST Act as a registered person but was only engaged in registration of the firms and therefore, nowhere remotely associated with the business conducted by the firms, inasmuch as, as a licensed Chartered Accountant has only rendered professional service vis-à-vis registration of the alleged firms. 5. Learned counsel for the opposite party State contends that the petitioner though a Chartered Accountant was well aware of the procedura ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvolved with the operation of the accounts, in any manner whatsoever and was neither aware about the availing of fake ITC nor was involved in availing and passing on of ITC and being a Chartered Accountant has not committed or caused to commit or retained any benefit or issued or received any invoice or goods and that apart, Section 132(1) and other relevant provisions of the OGST Act could not have been attracted for the period in question as it had come into force on and from 01.01.2021 and while contending so, the learned Senior counsel relied upon number of orders of this Court and other High Courts and claimed that the petitioner, who is merely a Chartered Accountant should be enlarged on bail with any conditions as the settled princip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the allegation is concerned, the petitioner being the Chartered Accountant was involved in creating and making of fake business entities operational in order to facilitate availing bogus ITC. As per the materials on record, the petitioner allegedly obtained GST registration vis-à-vis the fake business concerns in collusion with other accused persons by utilizing and forging the personal identity documents of the so called proprietors. The nature and extent of involvement of the petitioner with regard to the alleged transactions is clearly evident and figured out from the materials on record. In so far as the offence under Section 132 OGST Act is concerned, it is in relation to GST fraud alleged to be for an amount of Rs. 319.64 crore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the evidence seems to be remotely possible, the Court, being aware of the settled position of law applying to the subject matter, is inclined to release the petitioner on bail subject, however, to stringent conditions as stipulated herein below. 9. Accordingly, it is ordered. 10. In the result, application under Section 439 Cr.P.C. stands allowed. As a consequence, the petitioner is directed to be released on bail on furnishing a bail bond of Rs. 50,00.000/-(rupees fifty lac) with two solvent sureties for the like amount to the satisfaction of the learned court below in seisin over the matter with conditions, such as, he shall not induce, threat or terrorize any of the material witnesses, while on bail; shall not exercise any kind of inf ..... X X X X Extracts X X X X X X X X Extracts X X X X
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