2024 (2) TMI 296

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....ce Station City Sirsa. 2. The present FIR was lodged on the complaint made by the office of Deputy Excise and Taxation Commissioner (ST) Sirsa on the allegations that various firms have claimed input tax credit on bogus billings during the assessment period of 2011-2012. The FIR was lodged against these firms which were found obtaining refund by using false and fabricated documents. It is informed in the complaint that a firm in the name of M/s Jai Bhagwati Trading Co., R/o H. No 98RSD Colony Sirsa TIN 06542918776 is found involved in claiming bogus refund on account of input tax credit. During the assessment Year 2011- 12, this dealer has fraudulently obtained refund of Rs. 4,32,578/- by using false and fabricated documents which includ....

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...., by claiming false ITC and claiming sales at concessional rate of tax against the 'C' forms by submitting false and fabricated documents, have caused revenue loss amounting to Rs. 63,70,815/- to the State Exchequer as per revision order No. 05E/2011- 12 dated 11.11.2014. It is accordingly requested to register FIR against Sh. Kamal Bansal S/o Sh. Payre Lal R/o H. No. 98 RSD Colony Sirsa, Prop M/s Jai Bhagwati Trading Co., Sirsa TIN 06542918776 as per relevant provisions/sections of IPC and any other penal law if applicable, for investigation in the matter as per law. 3. Learned counsel for the petitioner inter alia contends that the petitioner is around 63 years of age and has retired from his service in the year 2018 and he has....

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.... under the said provisions. 4. Per contra, learned State counsel opposes the prayer of grant of regular bail to the petitioner on the ground that he is involved in 15 more cases and he was the person who has made the assessment at the relevant time, based upon the forced and fabricated documents and due to his connivance with the accused-firm, the State has suffered a huge loss of revenue. 5. Having heard the learned counsel for the parties and after perusing the record of the case, it transpires that the petitioner is behind the bars since 28.06.2023. Investigating Agency has already completed the investigation and filed the final report under Section 173 and none out of the 18 prosecution witnesses have been examined so far. Culpabi....