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TMI Blog2024 (12) TMI 1072X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Principal place of business at Shop No 2, CTS No 758, Plot No 53, 1st, Rukamini Nagar, Belagavi-590016. 2. Investigation was initiated against the respondent and other related firms for which the respondent is the tax consultant namely M/s. IK Aeroamphibious Private Limited (Trade Name-I.K Detailing), (GSTIN-29AAGC18338C1ZF) having the same Principal Place of business at Plot No. 53 Shop No. 2 Cts No.758 R.S. No. 1291/1, Rukamini Nagar, Belagavi, 590016 and M/s Royal Jamo's Resort having (GSTIN-30AAGCI8338C1ZW) a firm on the same PANAAGC18338C registered in the state of Goa and Shabbir Huseni Chunawala, Trade Name-Matrix Engineering And Services, GSTIN: 27AFKPC0545B1Z1 and M/s. Air Systems, GSTIN-29AFKPC0545B1ZX for passing of fraudulent ITC without actual supply of goods/services. 3. Simultaneous searches dt. 20/06/2024 were conducted at the Principal Place of Business of the following firms- (i) M/s. Federal Logistics & Co. (GSTIN-29EZEPM3298F1ZW), Shop No 2, CTS No 758, Plot No 53, 1st, Rukamini Nagar. Belagavi, 590016. (ii) Residential premises of Shri Naqeeb Najeeb Mulla Prop. Of M/s. Federal Logistics & Co. (GSTIN-29EZEPM3298F1ZW), at Sy No.42/1a, Azam Ngar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to M/s. IK Aeroamphibious Private limited to pass on the same to his own firm. Accordingly, the respondent passed on fraudulent ITC of Rs.7.19 Cr from M/s. IK Aeroamphibious Private Limited to his own firm M/s Federal Logistics & Co., a firm created with malafile intention without having any genuine business transactions. Furthermore, the respondent passed on fraudulent ITC of Rs.6.57 Cr. to Shabbir Huseni Chunawala (Legal Name-Matrix Engineering and Services), creating chain of bogus ITC transfer. 8. The proprietor of M/s Royal Jamo's Resort and M/s. IK Aeroamphibious Private Limited Shri Imaran K Madiwale in his statement dt. 20/06/2024 and 21/06/2024 submitted that the respondent has misused their GST credentials to pass on fraudulent ITC without actual supply of goods/services and siphon off cash, and that the respondent edited and forged copies of statutory GSTR-3B returns to benefit himself. 9. Shri Shabbir Huseni Chunawala, proprietor of Matrix Engineering and Services and M/s. Air Systems vide his statement dated 20/06/2024 and 08/07/2024 submitted that the respondent has cheated them by misusing their GST credentials to file erroneous GSTR-3B Returns in order to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Another (Subhash Chouhan) Crl.A.No. 186/2023 (DD 20.01.2023). 3. Yashik Jindal V/s. Union of India (Yashik Jindal) Crl. A. No. 2982-2983/2023. 4. Mursaleen Tyagi V/s. The State of Uttar Pradesh and Another (Mursaleen Tyagi) 2023 LiveLAw (SC) 700. 5. Sri. Asirul Mandal Alias Lalbabu S/o. Kayar Mandal V/s. State of Karnataka (Sri. Asirul Mandal Alias Lalbabu) Crl.P. No. 5644/2024 (DD 15.07.2024). 5. On the other hand, learned HCGP for respondent No. 1 and learned counsel appearing for respondent No. 2 submitted that while misusing the credentials of their clients, the petitioner and his father have misappropriated crores of rupees and invested the same in secured property and looking to the gravity of the offence committed by them, the trial Court is justified in imposing the condition in question. 6. Learned counsel for respondent No. 2 has relied upon the following decision: 1. Ramesh Kumar V/s. State of NCT of Delhi (Ramesh Kumar) (2023) 7 SCC 461. 7. Heard arguments and perused the record. 8. It is not in dispute that the petitioner and his father Najeeb Mulla are tax consultants. It is also not in dispute that they were dealing with the tax matters pertainin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court or officer may (except in case of a bond for good behaviour) permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond. There may be cases where the accused is not in a position to furnish sureties and offer to deposit a certain sum of money which convince the Court that he may not abscond or else, the amount in deposit would be forfeit to the State. Thus, the general rule is that the accused be released on bail on his executing personal bond as well as furnishing sureties. Only when he is unable to furnish surety and offers cash security the Court may accept the same and impose condition to that effect. 14. In Ramesh Kumar referred to supra and relied upon by the learned counsel for the respondent No. 2 Hon'ble Supreme Court held as under: "criminal proceedings are not for realisation of disputed dues and, thus, a criminal court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act a s a recovery agent to realise the dues of the complainant, and that too, without any trial-Further held, since denial of bail amounts to deprivation of personal liberty, the co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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