9911796707
TMI Blog2022 (9) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... State Tax, Ahmedabad, for the offences punishable under Sections 132(1)(A), 132(1)(B) and 132(1)(C) of the Gujarat Goods and Services Tax Act, 2017 (herein after referred to as 'the GST Act'.) and Central Goods and Services Tax Act, 2017 (hereinafter referred to as 'CGST Act'), ready with Section 21 and 120B of the IPC. 2. The applicant arrested on 13.03.2022 and was produced before the learned Metropolitan Magistrate on 14.03.2022 and till 23.03.2022, he remanded to the custody of the department and since then, he is in judicial custody. His bail application filed before the Metropolitan Magistrate came to be rejected vide order dated 21.04.2022. Respondent authority, filed complaint before the court concerned as contemplated under the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s further case of the respondent department that the applicant Mr. Shah is the person who is the responsible to execute the alleged huge scam of showing fake inward transactions and have created fictitious firms/companies in the name of relatives, employees and others namely, M/s Reevan Creation, Gayatri Corporation and J.K. Traders, whereby, illicit ITC of Rs.36.05 crores claimed and passed on three firms to the tune of Rs.34.35 crores and made cash transactions without invoices of Rs.1.09 lakhs, which resulted into monetary loss to the Government Exchequer to the tune of Rs.37.95 crores, thereby, committed an offences as referred above. 5. Mr. N.D. Nanavati, learned Senior Counsel urged that: (i) That the allegations leveled against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion is over and after filing of the complaint, the department failed to point out that further custody of the applicant is not necessary, the applicant may be enlarged on bail. 6. Mr. Manan Mehta, learned APP reiterating the contents of the sworn affidavit, contended that the applicant defrauded the State Exchequer to the tune of Rs.37.95 crores and there exists potential risk that the applicant may manipulate or attempt to destroy the evidences. He further submitted that the offence committed is grave economic offence, and detrimental to the nation economy as economic offense constitute a class apart and need to be viewed with different approach in the matter of bail and therefore, he prays that the applicant should not be enlarged so as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s clarified that, if the applicant fails to deposit the amount as aforesaid or missed any installment, the bail granted shall stands automatically cancelled. The applicant is directed to file undertaking to this effect before the court concerned and this court within 15 days from his release. 8. Hence, the applicant is ordered to be released on regular bail in connection with the File No. ACST/U-5/J K Traders/2021-22, registered with office of Assistant Commissioner of State Tax, Ahmedabad, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall: No. Conditions (a) not take undue advantage of li ..... X X X X Extracts X X X X X X X X Extracts X X X X
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