2021 (8) TMI 263

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....sted in Complaint File No. IV(06) 40/AE/JPR/2021 for offence under Section 132 of the Central Goods And Services Tax Act, 2017 (for brevity, "the Act of 2017") read with Sub-Section 5 of Section 132 of the Act of 2017. It is contended by learned counsels for the petitioners that a case was booked by the Office of Director General of Goods and Services Tax Intelligence, Jaipur Zonal Unit (for brevity, "DGGI") on 28.02.2019 against Kapil Vijay and Mohit Vijay. Their interrogation led to enquiry against M/s. Shri Krishna Enterprises (for brevity, "M/s. SKE"). During investigation, Mr. Nitin Kumar Sharma, proprietor of M/s. SKE admitted in his statement recorded on 10.07.2019 that he has availed Input Tax Credit (for brevity, "ITC") merely o....

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....ction and prayed for their release on bail. Mr. Siddharth Ranka, learned counsel appearing for the respondent No.1 submitted that there are grave allegations against the petitioners of wrongfully availing ITC not only to the tune of Rs. 5.27 crores qua the firms namely M/s. Imran Impex, Ajmer, M/s. Shri Ram Ispat, Jaipur, M/s. Indra Enterprises, Jaipur, M/s. Dak Rolls Pvt. Ltd. and M/s. Shakumbhari Steels, Jaipur which exists on papers only; but, of the ITC to the tune of Rs. 25.27 crores also qua M/s. SKE for which separate complaint has been filed by the office of the DGGI. Learned counsel submitted that the investigation is still going on and in view of the gravity of offence committed by the petitioners, they do not deserve indulgenc....

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....d involvement of M/s. SKE also in the offence. While CGST was carrying out the investigation with regard to M/s. Salasar Enterprises for alleged tax evasion, evasion by M/s. SKE was also found whereupon, search was carried out at the premises of M/s. SKE which ultimately led to arrest of the present petitioners. As per the respondents' case, since with regard to tax evasion by M/s. SKE, the DGGI was already carrying out the investigation, the same was transferred to it and rest investigation qua five other firms, allegedly existing on papers only, was kept by the CGST wherein, the petitioners were arrested on 26.03.2021 & 27.03.2021 respectively. This Court notices that a Coordinate Bench of this Court has, vide its judgment/order da....