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2020 (2) TMI 1297

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....ap Singh, Manish and Satnarain seeking grant of regular bail in a case registered against them vide FIR No.571 dated 4.6.2019 under Sections 419/420/467/468/471/120-B/259 IPC registered at Police Station Chandni Bagh, District Panipat. 2. The FIR in question was lodged at the instance of ASI Vinod Kumar wherein it has been alleged that on 4.6.2019 when he along with other police officials was present near grain market bridge for the purpose of patrolling, then a secret information was received to the effect that Rajesh Mittal, Inder Partap Singh and Manish make bogus firms and by transacting with bigger firms, they are getting huge amounts of money deposited in the account numbers of the said fake bogus firms so as to save GST and are th....

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....hat in the bills issued by M/s Lalit Trading Company in favour of the said 18 bogus firms (non-functional firms), GST was also shown to have been charged. 6. During investigation, it further surfaced that the said 18 non-functional firms further issued bills in favour of 421 different industries based in Panipat and the said industries in Panipat in order to reflect expenditure in respect of their manufacturing processes and in order to lend credibility to their so called purchase of yarn made banking transactions in favour of said 18 firms and the amount so transferred through banking transactions used to be withdrawn from the bank accounts of the said firms and given back to those industries while retaining some percentage. Thus, in th....

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....ation of firms and had charged some nominal professional fee and thus cannot be said to be part and parcel of the alleged scam of evasion of GST. 9. The learned counsel for the petitioners have further submitted that it is a case of double jeopardy wherein the petitioners are also being prosecuted under Section 122 of GST Act wherein they have already been granted bail. 10. Opposing the petition, learned State counsel has submitted that although the present case is a case based on secret information but the factum of recovery of bogus stamps, rubber stamps, cheque books and laptop containing incriminating data clearly points towards the guilt of the accused. The learned State counsel has further submitted that the evidence collected d....

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....ID-at GST Portal & Email ID-at Eway Bill Portal Taxable Value Total Tax 1 M/s Soni Textiles Sonia D/o Sabira • 8607870002  (Sat Narayan) 8607870002 • panipat34@ gmail.com panipat34 @ gmail.com 43,30,16,964 3,28,32,271 2 M/s Sri Rameshwaram International Sangeet S/o Sabira • 9050007237  (Sumit)  9992000974  (Inder) 9992000974 (i)rkmittal2011@ gmail.com (ii)rkmittal2011rk @gmail.com 42,55,49,615 3,04,30,178 3 M/s Shree Balaji Wooltex Inder Pratap Singh S/o Ramesh Chander • 9050007237  (Sumit)  9034697683 9034697683 (i)panipat34@ gmail.com rkmittal20 11rk@ gmail.com (ii) rkmittal20 11rk @ gmail.com 32,05,51,59....

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....iv S/o Inder Singh • 9050007237  (Sumit) 9050007237 (i) ravindersaini92 @ gmail.com rkmittal20 11rk@g mail.com 38,16,06,949 3,24,65,091         (ii)rkmittal2011rk @ g mail.com     11 M/s Shree Bala Sundari Wooltex Parveen S/o Prem • 9992000974  (Inder) 9992000974 • vs567544@ gmail.com vs567544@ gmail.com 19,48,11,000 1,64,57,375 12 M/s Shree Hari Krishna Textiles Shanti Devi D/o Hukam Chand • 9992000974  (Inder) 9992000974 • vs567544@ gmail.com vs567544@ gmail.com 9,37,49,984 84,06,738 13 M/s Maa Karni Yarns Ranjit Singh s/o Devi Singh • 9812231939 &nb....

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....to collect evidence to the effect that bank transactions of withdrawal of Rs. 1,21,17,230/- was made in the account of M/s Ansh Hospitality between 23.1.2019 and 30.6.2019 and an amount of Rs. 1,21,21,881/- was deposited and for which the learned counsel representing Manish, owner of the said firm, could not furnish any justification as to on what count the said huge payments had been received and as to what articles had been supplied by him against the said payment. Similarly, during investigation, it was found that bank transactions of huge amount had been effected in the account of M/s Shree Bala Ji Wooltax. The learned counsel for the petitioner-Inder Partap Singh, owner of M/s Shree Bala Ji Wooltax, could not furnish any justifiable ex....