TaxTMI 
TaxTMI 
2021 (11) TMI 384
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....secution, an intelligence was received qua misuse of PAN numbers for the purpose of fraudulent ITC transactions and by misusing the same, 4GS TIN have been created for the purpose of generating fraudulent ITC invoices in availing the benefits thereto. It is submitted that all the bank accounts of the above said GST TIN numbers were operated by one Shubham Gupta on instructions from other person namely Sushil Gupta; that through the network of multiple non-existing firms about 24 in number, the said firms were engaged in generation of fraudulent ITC through goods less invoices involving a total ITC of Rs. 117 crores. It is stated that Sh. Shubham Gupta along with co-accused Atul Aggarwal and Sulender Shah (present applicant) were appre....
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....plicant/accused. It is submitted that the applicant is neither assessed to the prior tax regime nor is assessed under the current tax regime, and as such, is not a taxable person in terms of Section 2 (107) of the CGST Act; that the applicant is not liable to pay any duty, fine or penalty qua the alleged fraudulent transaction and hence ingredients to make out an offence under Section 132 of the Act are completely missing from its case. It is further submitted that the applicant is a student, pursuing his CFA Course and has already completed two exams out of three; that he is the sole bread-earner of his family; has deep roots in the society with clean antecedents; has already undergone custody for about 37 days or so and no purpose w....
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....s. Rapipay Fintac Services Pvt. Ltd. and was actively involved into the said illegal transactions for converting money into cash. During the proceedings, on a specific query by the court regarding the role of the present applicant in the entire vicious cycle of availing fraudulent ITC, it was fairly conceded by the learned SPP and the Investigating Officer that the charges against the applicant are only with respect to abetment of offences as defined in the CGST Act. It was also fairly admitted that the offence of abetment under CGST Act stand alone is a bailable offence. However, it was added that the other Sections for committing offences under IPC, as applicable, shall be invoked at the relevant time of filing of claim against the app....