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TMI Blog2023 (11) TMI 452X X X X Extracts X X X X X X X X Extracts X X X X ..... g C.R.No.11210015220162 of 2022 registered with DCB Police Station, District Surat for offences punishable under Sections 409, 419, 465, 467, 468, 471, 120(B) and 34 of the Indian Penal Code. 3. Learned Senior Advocate Mr.N.D.Nanavaty assisted by learned advocate Mr. Yash Nanavaty for the applicant has submitted that the Police Inspector of Economic Offence Wing, Karanjbaug, Surat lodged an FIR alleging that certain persons have forged documents and on the basis of forged documents, registered GSTIN for different entities and after registration of GSTIN have also opened bank accounts and thereafter had obtained illegal Input Tax Credit by entering into large scale financial transactions. By such activities, the persons and/or the business ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that merely on the basis of the allegations, it cannot be even prima facie said that these transactions lead to the evasion of GST and the chargesheet papers do not throw light and/or have any document on record to show how much input tax credit was availed from which supplier and how much input tax credit had been passed on to the recipients and neither the names of the suppliers of the above mentioned 5 firms nor the names the recipients of the above 5 firms are mentioned anywhere in the chargesheet. He has further submitted that even if the affidavit of the investigating officer is referred, it states that the present applicant along with Usmangani Fatari and Shoaib Halar have circulated Bills within themselves of around 50 firms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons initiated for the evasion of GST and in such circumstances, it cannot be said that the applicant has committed an offence punishable under Section 409 and 419 of Indian Penal Code, 1860. Learned Senior advocate Mr.N.D.Nanavaty has further submitted that the chargesheet does not show as to how the applicant has committed criminal breach of trust and what amount has been evaded and for how much tax is evaded and merely showing banking transactions by itself are not tax evasion and in any case, the police officers have no authority, jurisdiction and power to investigate the evasion of tax and/or for this offence punishable under Section 132 of the Gujarat Goods and Service Tax Act, 2017 or under Section 132 the Central Goods and Service T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ii) Co-accused have been released by the Coordinate Bench of this Court vide order dated 03.07.2023 passed in Criminal Misc. Application No. 5196 of 2023, vide order dated 23.06.2023 passed in Criminal Misc. Application No. 4861 of 2023, vide order dated 01.05.2023 passed in Criminal Misc. Application No.7073 of 2023, vide order dated 28.04.2023 passed in Criminal Misc. Application No.5537 of 2023, vide order dated 05.07.2023 passed in Criminal Misc. Application Nos.6988 of 2023, 5204 of 2023, 5205 of 2023 and 6521 of 2023. 6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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