2020 (12) TMI 57

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.... ORDER It is the case that Proprietorship firms, namely, M/s Hanuman Enterprises, M/s Jai Bhagwati Sales, M/s Jagdamba Trading Company, M/s UT Overseas, M/s T.P. Impex, M/s Guru Nanak Enterprises and M/s Jayant Tranding Company were created with ulterior motive i.e. to issue fake invoices without supplying of goods and for earning illegal commission. In the investigation, it was found that t....

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....t movement of goods involving GST of Rs. 5.12 crore only to make the offence cognizable and non bailable. He also argued that applicant/accused could not have been arrested as the offence alleged to have been committed is punishable upto five years and as per Section 41 of Cr.P.C., a person may be arrested if he is found to have committed offence punishable more than seven years. He further conten....

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....ecessary that applicant/accused should be connected with Hanuman Enterprises and it is suffice that he issued fake invoices in the name of Hanuman Enterprises. He also argued that assessment is not the pre requisite to attract the Section 132 of GST Act. He also submitted that the bail application of co-accused has already been dismissed. The learned counsel for complainant has relied on following....

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....nefit from the alleged bogus firms is not sustainable for the simple reason that investigation is at initial stage and even then the investigation team has recovered fake transport-bilty books and the diary having cash entries in his hand writing. Admittedly, the offence alleged against the accused falls within the ambit of economic offence. The investigation is still pending and same is at initia....