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2023 (8) TMI 45

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..... udge, Economic Offences, Jamshedpur, is under challenge. By the impugned order, bailable and non-bailable warrants have been issued against the petitioners. 2. Petitioner Nos.1 & 3 are the Directors of M/s Mangal Commercial Private Limited and petitioner No.2 is proprietor of M/s Ganga Metals and Karta of M/s Yamuna Trading Company. Petitioner Nos.4 & 5 are the Directors of M/s Salasar Tradeco Private Limited. These companies/firms are situated at Bilaspur, Chhattisgarh. Petitioners are engaged in the trading of iron and steel products in the State of Chhattisgarh and the business is registered under the provisions of Central Goods and Service Tax Act, 2017 in the State of Chhattisgarh under Section 22 read with Section 25 of the said Act. .....

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..... ervice Tax Act, 2017. After the conclusion of search and seizure, the petitioners were served with summons dated 05.11.2018 by the respondents requiring the petitioners to appear in person on 09.11.2018 with the documents enumerated in the said summon. 6. The petitioners, in response to the said summons, vide order dated 09.11.2018, stated that after the seizure of the documents by the officers of the Directorate General of Central Goods and Service Tax Intelligence, Jamshedpur, there was no further documents left with them. 7. On 09.11.2018, another summon was issued for appearance on 19.11.2018 which was replied vide letter dated 19.11.2018. Similar letter was issued on 22.11.2018 which was replied vide letter dated 10.12.2018. 8. The .....

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..... h High Court. 12. On 01.07.2009, the respondent preferred a complaint case being Complaint Case No.1853 of 2019 before Special Judge, Economic Offence, Jamshedpur and the matter was fixed for hearing on the point of cognizance on 12.07.2019. 13. The learned Trial Court allowed the petition of respondent for remand of petitioner No.l and on 12.07.2019, issued production warrant against petitioner No.1. The application of respondent No.2 seeking transfer of case proceeding from Raipur (Chhattisgarh) to Jamshedpur (Jharkhand), was allowed. 14. Production warrant issued, was stayed by this Court in W.P. (Cr.) No.208 of 2019 vide order dated 12.07.2019. The stay inter alia on the ground that Special Court had not taken cognizance of the offen .....

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..... mes which was deliberately avoided and the petitioners did not co-operate during investigation. Despite direction of this Court passed in W.P. (Cr.) Nos.415, 416, 417, 418, 419 of 2018 to appear before the respondent, they avoided appearance before the Court to deliberately delay and avoid the investigation of the case. The petitioner No.1 was remanded to custody in the related case and after issuance of process, was released under the direction of Chhattisgarh High Court. Despite the summons being issued by the Jamshedpur Special Court, the petitioners did not appear and consequently, warrant of arrest was issued. This is a case of tax fraud committed to the tune of more than 100 Crore and the petitioners deliberately avoided the due proce .....

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