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TMI Blog2024 (8) TMI 1191X X X X Extracts X X X X X X X X Extracts X X X X ..... lved in creating fake companies/ firms and appointing their Directors/ Partners/ Proprietors, who is further involved in passing on the inadmissible Input Tax Credit and for which almost Rs. 522.91 crores has illegally been passed on as inadmissible Input Tax Credit of Goods and Services Tax making huge loss to the Government Exchequer and the petitioner has been declared to be the mastermind in creating the same. 2.1 It is further contended that indeed the petitioner has been made an scapegoat for the acts of the Officers of the Directorate General of Goods and Services Tax (Prosecuting Agency). The petitioner was arrested on 08.04.2024 from his residential house at Kolkata and was produced before the learned Additional Chief Judicial Magistrate, Alipore at Kolkata and a transit remand was sought for, from the learned Trial Court at Kolkata for alleged offences of inadmissible/ irregular ITC extended to the end-availers, leading to the loss of Rs. 303.47 crores to the Government Exchequer and in terms of the chart appended to the transit remand petition, the name of the petitioner's company was mentioned at Sr. No. 10 (M/s Navya Commercial Pvt. Ltd.). Based upon the application m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted that the allegation is that the petitioner acted as master mind in order to cheat the Government from genuine revenue, however, a bare perusal of the three complaint cases appended to the present application would transpire that in verbatim the allegation against Shiv Kumar Deora vis-à-vis Sumit Gupta vis-à-vis Amit Gupta is one and the same. The petitioner neither holds any position in any of the named/ listed companies in the complaint petition nor is having any control over them. The baseless allegations are made against the petitioner that he is running fake/ bogus companies. 3.3 It is also submitted that the petitioner is ready and willing to furnish adequate sureties to the satisfaction of this Hon'ble Court for being released on bail. It is further submitted that similarly situated co-accused, namely, Amit Gupta has been granted bail by a Co-ordinate Bench of this Court in B.A. No.5472 of 2024 vide order dated 18.07.2024. The petitioner is having no criminal antecedent, to this effect he has filed supplementary affidavit. 3.4 Learned counsel for the petitioner has further submitted that the petitioner was arrested on 08.04.2024 and after that the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kumar Gupta used to manage ground level office work taking offices on rents and making digital signature of the directors etc. The multiple offices were opened in Kolkata as well as in Jharkhand and recruited needy/ poor/ gullible persons offering job in his office. For the purpose of hiring staffs they arranged fake interview of the economically poor people/ needy people (mainly during the time of COVID pandemic and thereafter) in the name of offering job of accountant/ receptionist/ data entry/ post man etc. and called for their credential like PAN card, Aadhar Card and photo etc. He engaged numbers of agent through which job-less boys/ girls were contacted by him. He also used online platform like workindia job, linkdin etc. for that purpose. Whoever, contacted him, he offered job after taking false interview and trapped as many boys and girls as possible enticing them to increase salary and promote them by getting KYC details, opening bank accounts of them for creation of bogus firms/ companies and paying them small pecuniary benefits during the creation of firms. The petitioner operates these firms for a few months and thereafter get them cancelled by submitting letter to GST ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of various directors of many firms floated by the petitioner were recorded in which they stated that they were not aware of the companies floated on their names and even they did not know that GST registration had been taken in their names and directorship and also not aware of severity of the illegal activities having been done by the petitioner. 5.3 On showing the transaction done by these bogus companies and firms GSTR-2A-GSTR1 returns summary, they stated that they have absolutely no idea of these transaction or GST filed in these companies all transaction were done in these companies beyond their knowledge. They have never done any business or trading activity in any company and they nowhere related to these firms even remotely. 5.4 As such, it is evident that Sumit Gupta without knowledge of so-called directors, proprietors and other staff of company had used to pass inadmissible and indelible input tax credit to various firms without supply of underlying goods/ services. The irregular input tax credit on the basis of invoices were issued by fictious/ fake suppliers without actual supply of goods for services, leading to the wrongful availment or utilization of input tax cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agraph No.34 held as under: "5. ...............The entire community is aggrieved if the economic offenders who ruin the economy of the State are not brought to book. 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 view white collar crimes with a permissive eye unmindful of the damage done to the national economy and national interest. .............." 7. In view of the allegations made in the complaint, verified materials on record and also taking into consideration the cognizance order dated 04.06.2024 passed by the learned Presiding Officer, Special Court Economic Offences, Jamshedpur, whereby the cognizance has been taken against the petitioner for the offences under Sections 132 (1) (i) to (iv) read with 132 (4) and (5) of the CGST Act, 2017 as well as un ..... 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