2023 (7) TMI 1168

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....for offence under Section 132 (1)(b)(c) of the Central Goods and Services Tax Act, 2017. 2. Case of the prosecution is that the present applicant has made a fake firm namely, M/s United Ispat by showing dummy partner of the said concern namely, Divya Nag. It has been alleged that M/s United Ispat without supplying the goods and on the basis of fake invoices has wrongly availed input tax credit of Rs. 16,94,87,733/-/-. Based on such allegations, offence has been registered. 3. Learned Senior Counsel for the applicant submits that only on the basis of oral statements of other accused persons, who have already been inculpated in other GST crimes, the present applicant has been roped in the case though the present applicant in his confess....

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....dia {(2023) 2 SCC 621}. 4. Per contra, learned counsel appearing on behalf of the GST Department and learned counsel for the Objector would oppose the bail application. 5. Learned counsel for the Objector would submit that the present applicant and his father Santosh Agrawal came to the office of the Objector -Shubham Singhal, who is doing the business in the name of M/s Adhiraj Cements and claimed to be the owner of M/s United Ispat. Believing such statement, their concern has transacted with M/s United Ispat. During investigation by the GST Department, it was found that there was GST evasion by the objector's concern and as such, offence has been registered against the objector and statement has been recorded on 12.9.2020, in which ....

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.... economic offenders who ruin the economy of the State are not brought to book. A murder may be committed in the heat of moment upon passions being aroused. An economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless of the consequence to the community. A disregard for the interest of the community can be manifested only at the cost of forfeiting the trust and faith of the community in the system to administer justice in an even-handed manner without fear of criticism from the quarters which view white-collar crimes with a permissive eye unmindful of the damage done to the national economy and national interest." 24. While granting bail, the court has to keep in mind the nat....