2022 (8) TMI 464

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.... he along with other police officials was present near grain market bridge in connection with patrolling, then he received a secret information to the effect that one Rajesh Mittal, Inder Partap Singh and Manish are committing huge loss to the exchequer on account of fraudulent and bogus transactions. The information was further to the effect that the said accused float bogus firms and by entering into bogus transactions with bigger firms, they were getting huge amounts deposited in the bank accounts of the bogus firms so floated and were eventually facilitating the big firms to save on GST in fraudulent manner and thus, deprived the State Exchequer of the GST which was legitimately due. It was informed that the said accused were moving abo....

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....s based in Panipat and the said industrial units of Panipat, on the basis of such bills which also reflected payment of GST had inflated their expenditure and payment of GST though infact such expenditure had never been actually incurred. In other words, such industrial units of Panipat were evading payment of a substantial amount of GST on the ground that the initial supplier i.e. M/s Lalit Trading Company had already charged GST. Although, the payments by the said industrial units used to be made by the aforesaid bogus 18 firms by way of banking transactions but the said amount used to be withdrawn from the accounts of the said firms by the accused and used to be given back to the industrial units of Panipat after retaining a certain perc....

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....he learned State counsel has submitted that the present FIR has been lodged in respect of the allegations of cheating and forgery which are not part of the complaint lodged under provisions of Section 132 of the GST Act and that as such, the instant FIR can very well separately proceed and it cannot be termed to be a case of double jeopardy. The learned State counsel has further submitted that during the course of investigation, the police has been able to collect definite information which clearly shows that the 18 firms in question had been constituted and registered by the petitioners as at the time of registration of several of these 18 firms, the e-mail ID, telephone numbers and other particulars are same and infact even the bank accou....