TaxTMI 
TaxTMI 
2023 (10) TMI 1330
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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, Surat lodged an FIR alleging that certain persons have forged documents and on the basis of forged documents have 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 and thereby they have cheated the ....
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....pt the figures of the banking transactions and production of bank statements, no documents are forming the part of the chargesheet papers to suggest that these transactions pertain to sale and purchase and/or these transactions are fake, sham and bogus. As per his submission, the chargesheet does not show the purchase of goods which attracts 18% GST which involves availment of illegal input tax and passing of the input tax credit to the other persons. Mr. N.D. Nanavaty has further submitted that merely on the basis of the allegations, it cannot be even prima facie said that these transactions lead to the evasion of GST and the chargesheet papers do not throw light and/or have any document on record to show how much input tax credit was avai....
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....rvice Tax Act, 2017 or under Section 61 or Section 73 or Section 74 of the Central Goods and Service Tax Act, 2017. Mr. N.D. Nanavaty has further submitted that no actions have been initiated against the applicant under the Gujarat Goods and Service Tax Act, 2017 or under the Central Goods and Service Tax Act, 2017 and even the chargesheet does not have any reference about the actions initiated for the evasion of GST and in such circumstances, it cannot be said that the applicant has committed an offence punishable under Section 409 and 419 of Indian Penal Code, 1860. Mr. N.D. Nanavaty has further submitted that the chargesheet does not show as to how the applicant has committed criminal breach of trust and what amount has been evaded and....
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....inst the applicant is regarding the evasion of GST, but no procedure is initiated by the the GST department against the present applicant under the provisions of the GST Act; (iv) This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra V. Central Bureau Investigation reported in [2012] 1 SCC 40. (v) Co-accused have been released by the Coordinate Bench of this Court vide order dated 03.07.2023 passed in Criminal Misc. Application No. 5196 of 2023, vide order dated 23.06.2023 passed in Criminal Misc. Application No. 4861 of 2023, vide order dated 01.05.2023 passed in Criminal Misc. Application No. 7073 of 2023, vide order dated 28.04.2023 passed in Criminal Misc. Applicatio....