2023 (10) TMI 481

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....ction with the FIR being C.R.No.11210015220162 of 2022 registered with DCB Police Station, District Surat for offences punishable under Sections 409, 419, 465, 467, 468, 471, 120(B) and 34 of the Indian Penal Code. 3. Learned Senior Advocate Mr.N.D.Nanavaty assisted by learned advocate Mr. Yash Nanavaty for the applicant has submitted that the Police Inspector of Economic Offence Wing, Karanjbaug, Surat lodged an FIR alleging that certain persons have forged documents and on the basis of forged documents, registered GSTIN for different entities and after registration of GSTIN have also opened bank accounts and thereafter had obtained illegal Input Tax Credit by entering into large scale financial transactions. By such activities, the perso....

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....pplier and how much input tax credit had been passed on to the recipients and neither the names of the suppliers of the above mentioned 5 firms nor the names the recipients of the above 5 firms are mentioned anywhere in the chargesheet. Mr.N.D.Nanavaty has further submitted that prima facie it is a case of no evidence to show that the applicant has indulged either in availing illegal Input Tax Credit or passing on the illegal input tax credit. Mr.N.D.Nanavaty has further submitted that if the documents pertaining to the five firms mentioned hereinabove are perused, none of the documents have been forged by the applicant and there is nothing on record to suggest that the applicant had forged any of the documents either for registration of G....

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....nd merely showing the banking transactions by itself is not the tax evasion and in any case, the police officers have no authority, jurisdiction and power to investigate for the evasion of tax and/or for this offence punishable under Section 132 of the Gujarat Goods and Service Tax Act, 2017 or under Section 132 the Central Goods and Service Tax Act, 2017. Lastly, Mr.Nanavati has urged this Court to enlarge the applicant on regular bail on regular bail by imposing suitable terms and conditions. 4. On the other hand, learned APP appearing for the respondent - State vehemently submits that, the offences which have been charged are serious in nature affecting the society at large. The present applicant has in connivance with others has made e....

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....e order dated 05.07.2023 passed in Criminal Misc. Application Nos.6988 of 2023, 5204 of 2023, 5205 of 2023 and 6521 of 2023. 6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No.11210015220162 of 2022 registered with DCB Police Station, Dist.Surat on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall; [a....