2021 (8) TMI 304

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.... counsel for the petitioner, and Sri P. Dharmesh, learned Special Public Prosecutor appearing on behalf of respondent. Perused the record. 3. This is a second bail application filed by the petitioner herein. This Court vide order dated 30.11.2020 dismissed the first bail application tiled by him vide Crl.P. No.5967 of 2020. 4. The allegations levelled against the petitioner are as follows: i) He is managing director of M/s. GE Godavari Engineering Industries Limited (hereinafter referred to as 'Company'). He has obtained registration under the provisions of the CGST Act vide GSTIN No.36AACCG9862H3Z7. Being the Managing Director of the said Company, the petitioner has collected and issued invoice or e-way bill witho.it supply of goods in....

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....ct. iv) It is further alleged that the petitioner herein has wrongfully availed or utilized input tax credit and also availed input tax credit on the basis of invoices / e-way bills issued without supply of actual goods or services, which is an offence under Clause (b) and (c) of Sub-Section (1) of Section 132 of the CGST Act which is punishable under Section 132 (1)(i) of the CGST Act. The amount involved for the operations carried out by the petitioner from 01.07.2017 to 31.08.2020 is Rs. 10.89 Crores (Rs. 5.46 Crores inward irregular ITC credit plus 5.43 Crores outward irregular ITC credit), which is much higher than Rs. 500.00 lakhs, is an offence punishable under Section 132(1)(i) of the CGST Act. The said fact was admitted by him in....

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....ithout actual supply of goods. According to him, the plant and machinery of the said Company was sold in 2016 itself and there were no established premises of the company. 7. It is further contended by the learned Special Public Prosecutor that the respondent's Authorities have already recorded the statement of the petitioner under Section - 70 of the CGST Act, wherein he has categorically answered that there is no registered premises of the factory. Business is being run by him from vehicle viz., Grey Colour Swift Dzire TS07 1667 using laptop and mobile No.9493895762. He has also answered to Question No.10 stating that based on the invoices created in the laptop, he raised documents like e-way bills using hotspot and transfer documents cr....

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....cation filed by the petitioner herein. The first bail application was dismissed by this Court on 30.11.2020 vide CrI.P. No.5967 of 2020 on the ground that the investigation is pending. The allegations levelled against the petitioner herein are serious in nature. 11. In the counter filed by the respondent in the first bail application i.e., Crl.P. No.5967 of 2020, it is stated that the investigation not yet completed, the forward chain recipient of tax credit is to be investigated. By referring to the said contention, this Court has dismissed the first bail application of the petitioner herein. In the present bail petition, the respondent has filed counter reiterating the very same facts. Even in the counter filed in the present application....