TaxTMI 
TaxTMI 
TaxTMI 
2022 (8) TMI 461
X X X X Extracts X X X X
X X X X Extracts X X X X
....y availing of fake Input Tax Credit (ITC) to the tune of Rs. 72 Crores by the above mentioned firms. It is also alleged that the funds from bogus billing have been transferred through shell companies to M/s. Retro Electric Pvt. Ltd. of which the accused is the Director. The applicant / accused Gorav Gupta and co-accused Mukesh Gupta were the main persons controlling the whole racket of bogus transactions. Raids were conducted at the premises of various suppliers and buyers in the chain of suppliers. Most of the buyers and suppliers were found non-existent. Despite repeated summons being sent, the accused / applicant did not appear to join the investigation. On 20.06.2022 only after grant of interim protection by the court (Ld. Predecessor....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... / accused Gorav Gupta as the main person running the racket. At page no. 11, para no. 18 of reply filed by the department list of persons in the supply chain is mentioned. At page no. 21 & 22 of the reply Whatsapp chats involving the applicant / accused is reproduced. The fake ITC went to M/s. Jetibai Grandsons Services India Pvt. Ltd. from there it was routed to the accused / applicant. In this regard attention of the court was adverted to para no. 13 of the reply. It was submitted that despite repeated summons the accused did not join the investigation. Finally when he joined the investigation, he did not cooperate. Some transporters named in the supply chain were found non-existent. Three such transporters have denied having supplied s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....run Jain) along with four other companies namely M/s. Microlyte Energy P. Ltd., M/s. Sun Automation Ltd., M/s. NYX Industries India Pvt. Ltd. and M/s. Urja Global Ltd. It was argued that in the factual matrix presented before the Hon'ble High Court in Tarun Jain's case (Supra) there is no specific mention of M/s. Retro Electric Pvt. Ltd. of which the accused is the Director. The transaction was mainly stated to be between M/s. Jetibai Grandsons Services India (P) Ltd. and other four firms as mentioned in para no. 4 of the order. Now the applicant / accused is being projected as the main accused. In 2020 M/s. Retro Electric Pvt. Ltd. worked with M/s. Infinity Metal Industries, M/s. Ramanna Incorpoation, M/s. Sun Corporation and M/s. Yogeshw....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d that the judgment Sapna Jain Vs. Union of India, 2020 SCC Online 3064 relied upon by the complainant department was also discussed in Tarun Jain's case (Supra). The accused is willing to join investigation as and when directed. In this regard reference may be made to para no. 57 of Tarun Jain's Case (Supra). It was argued that there are large number of suppliers in supply chain, there is no reasonable ground to believe that all the statements recorded under Section 70 of CGST Act will point towards the applicant / accused and exonerate others. It is a matter of record that Tarun Jain is one of the accused in the present case. He is one of the Directors of M/s. Jetibai Grandsons Services India (P) Ltd.. It is also a matter of record that....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Services India (P) Ltd. is less than anybody else. At page no. 23, para no. XVII of the reply it is stated that fake ITC was taken by the accused which helped them to pass on such fake ITC to M/s. Jetibai Grandsons Services India (P.) Ltd. During the course of arguments it was submitted that such illegal benefits were later sent to the accused. However, no specific evidence was pointed out in this regard. In view of the above as already noted above at this stage this court does not see any reason to believe that the role of any other accused is substantially more or less than the present accused in the present case. It was also argued on behalf of the complainant department that the accused did not join investigation in response to the su....