TaxTMI 
TaxTMI 
2021 (9) TMI 1235
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....tes, Swaroopa Bhawan, Ground Floor, Near AG Bus Stop, Guwahati were arrested by the competent authority under the CGST Act in connection with GST Case No. CGST/DGGI/GST/1928/2021, under Section 132(5) of Central Goods and Service Act, 2017. [4] During the investigation of the said GST Case No. CGST/DGGI/GST/1928/2021, the authorities under the CGST Act had requested the DGGI, Ludhiana Zonal Unit, to carry out follow up searches at the premises of one of the suppliers to M/s Maruti Traders, namely, M/s Bansal Associates (Legal Name-Vikas Bansal) having GST:03CEPPB5183L1ZA, shop No. 80, 81 cabin No. 18, 3rd floor, Deepak Complex, Gill Road, New Grain Market, Ludhiana, Punjab-141003. Accordingly, search was conducted by the officers of DGGI, Ludhiana Zonal Unit, on 14.07.2021 and no record of business transactions was found at the declared premise. Later on, statement of Vikas Bansal (accused petitioner), proprietor of M/s Bansal Associates was recorded in Ludhiana and he stated that all his documents regarding his business transaction are kept in his Guwahati office. The officers of DGGI Ludhiana Zonal Unit also seized his mobile phone on 14.07.2021 and forwarded the same vide let....
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....h transactions were not reflected in the books of accounts although a part of such sale of coal in Punjab and Haryana was done under proper GST. The purchase documents covering the goods supplied/sold in Punjab and Haryana without issuance of GST invoices were used for generating fake GST invoices issued in the name of M/s Bansal Associates, Guwahati and to various other customers directly which includes Sri Amit Kumar also without supply of any goods covered under such invoices. [9] It has also come out from the materials on record that the State GST, Assam conducted a raid at the declared business premises of M/s Bansal Associates in Guwahati on 19.08.2021 and seized all documents, including computers, mobile, etc. He had also informed the State GST, Assam that his firm M/s Bansal Associates is already under investigation by DGGI, Guwahati Zonal Unit. The CGST authority, on verification of the materials collected against the petitioner during the course of investigation, found that the petitioner had evaded GST of Rs. 15,05,99,941/-. The 2151 e-way bills issued were also found to be bogus and the vehicles declared in those e-way bills involving tax of Rs. 7 crores had never ca....
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....he considers necessary either to give evidence or to produce a document or any other thing in any inquiry in the same manner, as provided in the case of a civil court under the provisions of the Code of Civil Procedure, 1908 (5 of 1908). (2) Every such inquiry referred to in sub-section (1) shall be deemed to be a "judicial proceedings" within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860)." It appears from the provisions of Section 70(2) of the CGST Act that the inquiry made under Section 70(1) of the said Act is deemed judicial proceedings. [15] That being so, the statement of the accused-petitioner was recorded under Section 70 of the CGST Act and the retraction of the same would definitely be considered by the appropriate court at appropriate stage. Be that as it may, the position as of now is that the petitioner not only made statement under Section 70 of the CGST Act but he made implicating statement. It also appears from such statement that he has co-operated with the investigation and there is no allegation that he has not co-operated with the investigation of the case. [16] The learned counsel for the petitioner has refer....
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....ity of the punishment in the case of conviction and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character, behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations. "22. There is no hard-and-fast rule regarding grant or refused to grant bail. Each case has to be considered on the facts and circumstances of each case and on its own merits. The discretion of the court has to be exercised judiciously and not in an arbitrary manner." [18] This Court has also taken note of the submission that no leniency be shown to the accused-petitioner while considering the prayer the offences being economic in nature. This Court has also considered the decision rendered by the Hon'ble Supreme Court of India in the case of Nimmagadda Prasad vs. Central Bureau of Investi....
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.... "25. Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as a grave offence affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country." [19] There is no dispute at the bar that the offence involved in this case is compoundable. On perusal of the record, it is found that there is no entry/note in the record after 06.09.2021, meaning thereby that no further investigation is either carried out or recorded thereafter. In the meantime, the accused-petitioner has been in custody for 30 (thirty) days, as on date. [20] The decisions rendered by the Hon'ble Supreme Court of India, referred to above, on a cumulative reading, make it appear to this Court that the offence in the instant case being an economic offence should be looked into from a different perspective although at the same time Court should not lose sight of the fact in respect of the right of the petitioner to get bail and court has to balance between both the....