TMI Blog2024 (3) TMI 1087X X X X Extracts X X X X X X X X Extracts X X X X ..... ity whereas there is sufficient and ample evidence to the effect that they themselves were managing the affairs of illegal activities and fake ITC (Income Tax Credit) was availed by them and they were engaged in a number of illegal financial transactions and in such circumstances if they are granted bail, as rightly held by the learned Sessions Judge while rejecting their bail applications, there is a strong possibility of applicants fleeing from justice and also they may tamper with the crucial evidence or make influence to the witnesses. This Court is also of the view that the present matter relates to serious economic offence, which may affect the economy of the country. The applicants have committed gross violation of the provisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f C.G.S.T. Act, 2017, Department D.G.G.I., Meerut Unit., Meerut. 3. Heard Shri D.M. Tripathi, learned counsel for the applicants, Shri Parv Agarwal, learned Advocate appearing for the CGST department and perused the record. 4. The prosecution story, in nutshell, is that during search at the office-cum-residence of applicant Mukesh Kumar Jha at RZ 1/82, 3rd Floor, Near Shakuntala Hospital, Vest Sagarpur, New Delhi several articles viz. forged rubber stamp, cheque books, Aadhaar Card, PAN Card, Mobile Phones alongwith SIM cards etc. were recovered. Apart from the said articles, several electronic devices i.e. laptop, external hard disk, mini CPU, pen drives and personal mobile phone of accused Mukesh Jha was also recovered and panchana dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... firms unearthed as on date, physical verification of 9 firms i.e. M/s Aasim Trading Co. (07BYGPA361 INIZJ), M/s Muzahir Trading Co (07BYGPA3611N2ZI), M/s Unique Enterprizes (07BMUPN7397A1ZG), M/s J.R. International Services (07IYEPS6394R1Z), M/s Imran Traders (07AFJPI 1806EIZU), M/s R.K. Enterprizes (07HSCPS4467N1ZV), M/s Reshma Enterprises (07BAKPR8049D1ZE), M/ Jagdamba Enterprizes (07CBCPJ5443H1ZR), M/s Galaxy Trading Co. (07HANPM4273F1ZC) was performed on sample basis. The aforesaid firms were found non-operational at their registered place of business. Landowners of these premises informed that they have never rented-out their premises to any such firms. It reveals that the syndicate was issuing invoices from bogus GST firms. The applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ills / invoices. Applicants have not caused revenue loss to the exchequer and evaded payment of tax. They have been languishing in jail since 4.11.2023 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate with the trial. 6. On the other hand, learned counsel appearing for the CGST department has submitted that the applicants run fake firms and issued fake bills / invoices and caused great revenue loss to the government exchequer. They are involved in passing of fake ITC from 102 non-existent firms to the tune of Rs. 274.89 Cr. by way of issuing invoices only without any actual supply of goods. They are involved in illegal financial transactions causing huge loss of public money. 7. I have consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail, as rightly held by the learned Sessions Judge while rejecting their bail applications, there is a strong possibility of applicants fleeing from justice and also they may tamper with the crucial evidence or make influence to the witnesses. This Court is also of the view that the present matter relates to serious economic offence, which may affect the economy of the country. The applicants have committed gross violation of the provisions of the GST Act. Wrongful availment / utilization of input tax credit amounting to Rs. 315 Cr. has been made by them and this amount will increase a lot with the advancement of the investigation. The Court genuinely feels that at this stage there is no possibility of false implication of the applicants. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... economic offences had observed as back as in 1987 in case of State of Gujarat vs. Mohanlal Jitamalji Porwal and Another (1987) 2 SCC 364 as under:- 5... The entire community is aggrieved if the economic offenders who ruin the economy of the State are not brought to books. A murder may be committed in the heat of moment upon passions being aroused. An economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless of the consequence to the community. A disregard for the interest of the community can be manifested only at the cost of forfeiting the trust and faith of the community in the system to administer justice in an even-handed manner without fear of criticism from the quarters which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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