TMI Blog2023 (5) TMI 1183X X X X Extracts X X X X X X X X Extracts X X X X ..... ned in Special Acts), in economic offences involving the IPC or Special Acts or cases triable by Magistrates once the investigation is complete, final report/complaint filed and the triple test is satisfied then denial of bail must be the exception rather than the rule. However, this would not prevent the Court from granting bail even prior to the completion of investigation if the facts so warrant - Given the fact that the petitioner was arrested on 13.03.2021 and is in custody ever since in a case where the maximum sentence that could be awarded was 05 years, the further incarceration of the petitioner is not required, more so when his co-accused have been granted the concession of regular bail vide order dated 31.08.2022. The further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.28 Crores. The common Email-ids, Phone numbers and PAN cards have been used in all these firms to get the registrations and pass on the fraudulent Input tax Credit (ITC) to various beneficiary firms. No tax has been ever paid in the inward supply chain of these firms and a mechanism has been devised by all these individuals to cover the movement of clandestine goods with fake invoices so that fraudulent ITC could be availed for adjustment against the output tax liability. Further bank accounts given/uploaded at the GSTN Portal of these firms are different than the bank accounts through which money transaction has happened and even parallel and fake bank accounts have been opened to withdraw the cash in some of these firms It is also perti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vasion done through firms registered in the name of members of this groups is as below:- Sr. No. Name of Person Address Firms Regd. In Punjab Firms Regd. Outside Punjab Total Firms Regd. Tax evaded Remarks 1 Vinod Kumar Street No. 12, Amloh Road, Khanna 3 0 3 7,40,00,287/- 2 Maninder Sharma Gali No. 1, Ward No.4, Nandi Colony, Khanna 2 0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,629 As per the complaint evasion of tax was Rs.122,28,94,629/- which has now increased to Rs.131,96,00,000/-. 3. Based on the detailed investigation conducted the complaint in question came to be filed under Section 132(1) (a), (b) (c) of Central Goods Services Tax Act, 2017 and Punjab Goods Services Tax Act, 2017. 4. The Counsel for the petitioner contends that similarly situated co-accused of the petitioner, namely, Maninder Sharma, Vinod Kumar, Sunny Mehta and Sandeep Singh have been granted the concession of regular bail vide order dated 31.08.2022. As the petitioner was in custody since 13.03.2021 and only the examination in chief of the complainant had taken place as against the total 63 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n granted the concession of regular bail vide order dated 31.08.2022. 10. In view of the aforementioned circumstances, the further incarceration of the petitioner would be wholly unnecessary. Thus without commenting on the merits of the case, the aforementioned petitions are allowed and the petitioner-Amrinder Singh son of Gurnam Singh is ordered to be released on bail subject to the satisfaction of the Trial Court, concerned which is at liberty to impose any stringent conditions that it deems appropriate. 11. Further, the Petitioner is directed to surrender his passport before the Trial Court or furnish an affidavit in case he do not possess any passport. 12. If any attempt whatsoever is made by the petitioner and/or his family me ..... X X X X Extracts X X X X X X X X Extracts X X X X
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