TMI Blog2022 (12) TMI 889X X X X Extracts X X X X X X X X Extracts X X X X ..... shal Agarwal has prepared Section 264 petitions and represented the companies before the PCIT. The petitioners Satyanarayan Sarawagi and Uday Shankar Mahawar are concerned, they are the directors / controllers of the respective companies, as disclosed in the submission of learned D.S.G.I. appearing for the CBI and the huge loss has occurred to the Government. The petitioner Binod Kumar Agarwal is concerned, he has made his son Bishal Agarwal as authorized representative for most of the above mentioned Assessee companies with the active involvement, he himself along with the controller of the Assessee companies were able to evade taxes and had obtained wrongful gain and so far as petitioner Deepak Kumar is concerned, he was also the director ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I in respective cases. 3. In all these anticipatory bail applications, the aforementioned petitioners are apprehending their arrest, in connection with RC AC1 2018 A 0007, registered for the offences punishable under Section 120-B of the Indian Penal Code and Sections 7, 8, 11, 12 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, pending in the court of learned AJC-XVIII-cum-Special Judge, CBI, Ranchi. 4. Mr. Indrajit Sinha, learned counsel appearing for the petitioners in all these cases submits that these cases are arising out of CBI investigation with regard to transfer of cases from CIT appeal to revisional authority at Ranchi, Hazaribag and Koderma and the allegations are that due to conspiracy of all thes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, by which, the petitions have been allowed were not challenged by the Income Tax Department and one of the ITO has been granted anticipatory bail in connection with this case. 9. Learned counsel further submits that so far as petitioner Deepak Kumar is concerned, it has been alleged that he is also the controller of certain companies and huge loss has occurred to the Government. He submits that the revisional order, by which, the petitions have been allowed were not challenged by the Income Tax Department and one of the ITO has been granted anticipatory bail in connection with this case. 10. On the aforementioned grounds, learned counsel appearing for the petitioners submits that all the petitioners may kindly be provided the privi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rolled by him. He submits that with the help of Binod Kumar Agarwal, he arranged the fake addresses so that the business operation and place of keeping their books of accounts can be shown to have been shifted to the addresses of Ranchi. He further submits that in furtherance of said criminal conspiracy, the said companies were shown migrated from Kolkata to Ranchi. He further submits that the petitioner Deepak Kumar was running the aforesaid two companies with the help of dummy directors. 13. On the above submissions, he submits that the conspiracy part is there, and on these grounds the petitioners are not entitled for the privilege of anticipatory bail. 14. Mr. Prashant Pallav, learned D.S.G.I. appearing for the CBI in A.B.A. Nos. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the tune of Rs. 33866420 and Rs. 5962550 respectively. He further submits that these dummy Directors are merely the front face of the companies and only signing the letters / documents on the direction of the actual controller. He Further submits that CIT appeals were pending at Kolkata, in spite of that, revision petitions have been filed. 16. Learned D.S.G.I. further submits that so far as Satyanarayan Sarawagi is concerned, it has come that he is the director of M/s Parshwa Chemical Pvt. Ltd. He further submits that this petitioner along with accused Bishal Agarwal arranged fake addresses so that the business operation and place of keeping their books of accounts can be shown to have been shifted to these addresses of Ranchi. He submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... involvement, he himself along with the controller of the Assessee companies were able to evade taxes and had obtained wrongful gain and so far as petitioner Deepak Kumar is concerned, he was also the director / controller of the company mentioned in the submission of learned A.S.G.I. and huge loss has occurred to the Government due to his active conspiracy with the then PCIT. All the petitioners are in conspiracy of transferring the PAN to the PCIT, Ranchi, Hazaribag and Koderma. It has also come that during the pendency of the CIT appeals at Kolkata, such revision petitions have been filed to obtain favourable orders in connivance with Sri Tapas Kumar Dutta, the then PCIT. 19. Regard being had to the facts and circumstances of the cases ..... X X X X Extracts X X X X X X X X Extracts X X X X
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