2024 (7) TMI 1506

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....ase was registered on the basis of the complaint received from Excise Taxation Officer-cum-Proper Officer of State Tax, Rohtak and the same has been reproduced below:- "From R.K. Gupta, Excise Taxation Officer-cum-Proper Officer of State Tax, Rohtak To, S.H.O. Arya Nagar, Rohtak No. SPL-1/R.K. Gupta ETO/Rohtak /dt: 06.01.2019 Subject: Lodging of FIR against Sh. Vinod S/o Sh. Kishan Lal R/o Jatuwas Bithwana, Rewari-123401 Proprietor of M/s Vishal Industries GSTIN 06BLVPV3156M1Z5, J.P. Colony, Near Rambir Truck Body, Rohtak Mobile No. 08295870505, 9729100134 PAN: BLVPV3156M Aadhar: 594676176798Bank Detail: Saving Account Number 679010110005420, IFSC BKID0006790, Bank of India, Shop No. 182, New Anaj Mandi, Rewari Ref: Excise Taxation....

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....42903 (Rs. 20.14 Crores). This fraudulent act of the above said dealer of claiming and utilization of fake Input Tax Credit (ITC) in disposal of output tax liabilities without actual payment of tax has resulted into loss of revenue to the State as under: Tax IGST Rs. 96,46,041-00 CGST Rs. 2,93,864-00 SGST  Rs. 2,93,864-00 Total tax Rs. 10,233,769-00 In view of the above, it is, therefore, requested to lodge FIR against Sh. Vinod S/o Sh. Kishan Lal proprietor of M/s Vishal Industries GSTIN 06BLVPV3156M1Z5 Rohtak SD R.K. Gupta, Excise Taxation Officer-cum- Proper Officer of State Tax, Rohtak M.NO- 9896110300. Today at the Police station- According to the contents of the above application received, offence under section 420/406/467/468/47....

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....f 5 years. He further contends that all the offences in the present case are triable by the Court of Magistrate. 4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that 17 other FIRs of similar nature have been registered against the present petitioner and the petitioner does not deserve the concession of bail by this Court. 5. I have heard the learned counsel for the parties and perused the record. 6. In the present case, the petitioner was arrested on 21.01.2021 and is in custody since then. The offences are triable by the Court of Magistrate and the final report under Section 173 Cr.P.C. has already been presented before the competent Court.....