TaxTMI 
TaxTMI 
2020 (12) TMI 265
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....the applicant is of passing of ineligible ITC and not of being the ultimate beneficiary of the alleged ineligible ITC and not of being the ultimate beneficiary of the alleged ineligible ITC and not of being the ultimate beneficiary of the alleged ineligible ITC. It is submitted that applicant is neither a shareholder nor director nor authorized signatory nor proprietor of any of the alleged firms/companies and the arrest of him was unjustified. It is submitted that in the first JC application department stated to have interrogated Mr. Gaurav Gupta and Mr. Sumit Gupta who are alleged to have been involved in the offence by one way or the other however they are not arrested by the department and present accused was made a scapegoat. It is sub....
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.... of issuing fake bills without supplying of goods and thereby pass on fraudulent input tax credit. The modus operandi was that bills were issued to various firms without supply of goods on commission bases. He admitted that no movement of actual goods has been done and the invoices generated by them. He also managed the payment of these 31 fake firms which as received from various recipients in the individual accounts of these fake firms which he transferred through RTGS to multiple firms who in turn purchase gift cards from banks. The gift cards were sold to local markets in case through dealers after deducting commission of around 3-4% cash was sent to firms. Thereafter, he used to generate inward and Outward E-way bills in respect of the....
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....there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted, particularly, where the accused is charged of having committed a serious offence. The Court granting bail has to consider, among other circumstances, the factors such as a) the nature of accusation and severity of punishment in case of conviction and the nature of supporting evidence; b) reasonable apprehension of tampering with the witness or apprehension of threat to the complainant and; c) prima facie satisfaction of the court in support of the charge. In addition to the same, the Court while considering a petition for grant of bail in a non-bailable offence apart from the seriousness of the offence, likelihood o....
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....rvedi Vs. CBI : 2010(3) JCC 2109 it was held by Hon'ble High Court of Delhi "Para 12...Bail, it has been held in a catena of decisions, is not to be withheld as a punishment. Even assuming that the accused is prima facie guilty of a grave offence, bail cannot be refused in an indirect process of punishing the accused person before he is convicted. Furthermore, there is no justification for classifying offences into different categories such as economic offences and for refusing bail on the ground that the offence involved belongs to a particular category. It cannot, therefore, be said that bail should invariably be refused in cases involving serious economic offences. Further, the investigating agency is having the possession of all t....