TaxTMI 
TaxTMI 
2022 (8) TMI 394
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....O.Ms.No.47 (HE) (EC.A 2) Department, dated 13.12.2014. The corporation deputed a team to visit SIEMENS Centers of Excellence, which were already established in Gujarat and to submit report. SIEMENS offers training program in collaboration with various State governments. During negotiations, State Government agreed to establish SIEMENS Center of Excellence, Technical Skill Development Institutions and Skill Development Centers in different clusters. Six clusters have been formed at the inception at the cost of Rs.546,84,18,908/- with SIEMENS and Design Tech providing a grant-in-aid of Rs.491,84,18,908/- i.e. 90% and the Government share thereof is 10% i.e. Rs.55,00,00,000/-. A Memorandum of Understanding was entered into between the Corporation on one hand and SIEMENS on the other. 4. The tax investigation by Additional Director General, GST, Intelligence, Pune in respect of claims of availing of CENVAT credit by M/s. Design Tech Systems Private Limited and M/s. Skillar Enterprises India Private Limited led to unearthing a huge financial scam involving crores of rupees by M/s. SIEMENS Industry Software India Private Limited and M/s. Design Tech Systems Private Limited. The funds ....
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....der was assigned to M/s. Sharat and Associates, Chartered Accountants, Forensic Audit Firm. The audit firm conducted enquiry and submitted report pointing out the flaws in policies, flaws in systems and utilization of funds and analysis of various spending practices and to find out irregularities, misstatements, governance procedures, internal policies evaluation for the financial years 2014-15 to 2018-19. M/s SIEMENS and Design Tech have to oversee the work of the clusters and their maintenance. However, both of them swindled crores of rupees in dubious manner. Basing on the complaint, CID registered the above crime on 09.12.2021 and petitioner herein is arrayed as A25. 8. Heard Sri A.S.C.Bose, learned counsel representing Eluru Sesha Mahesh Babu, learned counsel or the petitioner and Sri T.M.K. Chaitanya, learned Standing Counsel-cum-Special Public Prosecutor for CID. 9. Learned counsel for the petitioner would contend that petitioner is Chartered Accountant by profession, and he is offering services to various clients and institutions. He contends that petitioner never received any booties from any companies, which are arrayed as co-accused in the crime. He contends that t....
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.... S.No. Invoice No. & Date Issued by Amount (Rs.) Service Tax (Rs.) Total (Rs.) 1. 096/5/15-16 Dt.17.12.2015 IT Smith Solutions Pvt. Ltd. 1,50,00,000/- 21,75,000/- 1,71,75,000/- 2. 098/5/15-16 Dt. 23.12.2015 IT Smith Solutions Pvt. Ltd. 1,50,00,000/- 21,75,000/- 1,71,75,000/- 3. 15-16/087 Dt. 20.01.2016 M/s. Patrick Info Services 1,50,00,000/- 21,75,000/- 1,71,75,000/- 4. 15-16/084 Dt.04.01.2016 M/s. Patrick Info Services 1,50,00,000/- 21,75,000/- 1,71,75,000/- 5. 113, Dt. 01.01.2016 M/s. Inweb Services Pvt., Ltd., 1,50,00,000/- 21,75,000/- 1,71,75,000/- 12. Learned Standing Counsel submits that infact petitioner sent hard copies of invoices to Sourabh Gupta through his field boy and petitioner received an amount of Rs.8.5 crores, which was sent back to the bank accounts of different companies, which were given by Sourabh Gupta after deducting an amount of Rs.7,50,000/- as commission by the petitioner. 13. During the year, 2017-2018 the GST officials, Pune examined the petitioner where he confessed the offence of managing shell companies by issuing fake invoices without pro....
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....ount so disbursed comes to a tune of Rs.3,14,71,321/-. 16. Learned Standing Counsel submits that wife of the petitioner, Neelam Sharma acted as director of M/s. IT Smith solutions Pvt. Ltd. and M/s InWeb Services Pvt. Ltd., during the period of committing the offence by the petitioner and the petitioner benefited himself to a tune of Rs.7,50,000/- for diverting the amount derived out of criminal breach of trust i.e. to a tune of Rs.8,50,00,000/- under fake invoices issued by him. He submits that petitioner is a conspirator for criminal breach of trust by colluding with the other accused i.e. A21 and though the petitioner appeared before the Investigating Officer on 22.12.2021 and 18.04.2022, when crucial examination was going on about his modus operandi and his indulgence in creation of the fake invoices, he avoided to appear before the Investigation Officer. Learned Standing Counsel further submits that much information is within the exclusive knowledge of the petitioner and hence, his custodial interrogation is very much required. Thus, prays to dismiss the bail petition. 17. I have given my anxious consideration to the submissions made on either side and perused the record....