2024 (12) TMI 583

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....ut Zonal Unit received an information that a racket is indulged in creation of fake firms and issuance of bogus bills and invoices without any supply of goods and services. Therefore, a search operation was conducted on 15.5.2023 at the residence, office and other related premises of one Deepak Kumar, who was the mastermind of the said racket and during search incriminating records were found and seized from the said places which clearly indicated that he was managing and controlling issuance of bogus invoices without supply of concomitant goods. It was found that 44 non-existent / non-operational firms were created and controlled by the said Deepak Kumar. He availed ineligible input tax credit (ITC) to the tune of Rs. 123.38 Crores in thes....

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....nt complaint was filed against the applicant and some others. It is also submitted that applicant was an employee in the office of Deepak Kumar. The said Deepak Kumar obtained Aadhar Card, Pan Card, Voter ID Card, photograph, etc. of the applicant in lieu of job / employment and the applicant was posted at the office of Deepak Kumar at Shop No. 11, GDA Market, Vivekanand Nagar, Ghaziabad on the instructions of Deepak Kumar. There is no device to establish that present applicant created fake firms and passed the ITC. It is also submitted that no liability of G.S.T. has been assessed till now. 5. It is further submitted that till date penalty or taxes have not been ascertained as per the mandate of the said Act. It is also submitted that off....

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....eleased on bail he will again indulge in similar activities and may misuse the liberty of bail. 7. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully. 8. Having regard to the entire facts and circumstances of the case, the nature of the offence, the punishment and the material available on record, the fact that the applicant has no criminal history to his credit and the fact that co-accused Deepak Kumar having more serious role has been released on bail by the coordinate Bench of this Court, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.....