9911796707
TMI Blog2022 (6) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... Goods and Services Tax Act, 2017(hereinafter referred to as CGST Act. 2. Perused the application. Heard both the sides. 3. As per case of the respondent, applicant is owner of M/s. Manek Steel LLP (hereinafter referred to as the firm) bearing GST No.27ABCFM3204DIZU and is involved in passing huge amount of inadmissible Input Tax Credit(hereinafter referred to as ITC) in fraudulent manner by the way of issuing bogus invoices without supply of any goods and availment of ITC on the basis of purchase invoices without receipt of goods. Said firm was having business at Shop No.B-15, Ground Floor, Gora Gandhi Palace, Plot No.122B, Khemraj Kisandas Marg, Khetwadi, Girgaon, Mumbai. Officer of the respondent visited the said shop U/s.67(1) of CGST ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uly 2017 till date and if this taxes are calculated year wise, then it will be below Rs.5 Crores and it is bailable offence. On this ground also, liberty of the applicant be protected. He requested to allow the application. 5. On the contrary, officer of the respondent and SPP N. Natraja for the respondent opposed the application and argued that investigation is in progress. There is possibility that applicant could have availed ITC benefit illegally of more than Rs.25 Crores to 30 Crores. He further argued that suppliers of the firm of the applicant are not in existence as per physical visit to those firms, which shows that those firms were falsely created in order to avail illegal ITC. There is possibility of tampering with the evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chapter-XIX, it may be stated that scheme of the Act, does not make provisions of Section 122 to 138 applicable, subject to "assessment". Both the Chapters, i.e. Chapter-XIX and Chapter-XII are distinct and application of the provisions thereunder are distinct and not subject to each other, if argument of applicants is concerned, it will turn the provisions of the prosecution nugatory. Therefore, this contention is also rejected. 7. Therefore, in view of above observation, it is clear that calculation of the tax under Chapter XII is distinct from the Chapter XIX, which relates to offence and penalties. Therefore, there is no substance in the argument advanced by the learned advocate for the applicant. Considering the nature of offence inv ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
