2026 (9) TMI 1275

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....;DGGI/INV/GST/111/2026-Gr-VI, dated 18.1.2025 (AD220426004576B), PS/Department : Directorate General of Goods and Service Tax Intelligence/DGGI, Regional Unit, Raipur, District Raipur for offence punishable under Section 132(1)(c) of the CGST Act, 2017. 2. The prosecution case, in brief, is that during investigation conducted by the Directorate General of GST Intelligence (DGGI), Raipur Zonal Unit, it was allegedly found that the Accused/Applicant, being Partner of M/s Om Kiran Ispat Udyog (GSTIN: 22AABFO1161B1Z5), had fraudulently availed and utilized Input Tax Credit amounting to Rs. 6,92,97,453/- without actual receipt or supply of goods on the strength of invoices allegedly issued by 12 non-existent/fake firms. It is further all....

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....s, M/s Balaji Trading, M/s Agastya Enterprises, M/s Mahamaya Traders and M/s Manish Traders along with transportation documents, E-Way Bills, bank statements and other financial records. The summons dated 15.05.2025 pertained specifically to transactions with M/s Unique Enterprises and required production of purchase invoices, transportation records, E-Way Bills and proof of payments made to the said concern. The summons dated 30.09.2025 related to purchases allegedly made from M/s Jambavan Enterprises, M/s SB Enterprise and M/s Cornerstone Enterprise and required production of invoices, ledger accounts, banking transactions, transportation documents, goods receipt records and related materials. The summons primarily required the Applicant ....

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.... Section 138 and hence, the object and purpose of the CGST Act, 2017 is not penal in nature, but it is economic for the purpose of legislation being to recover any amount, that may be due to the Government exchequer. The applicant does not have any criminal antecedents. The applicant is in jail since 15.6.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the nonapplicant would oppose the bail application and submit that the complaint has been filed against the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the complaint has already been su....