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TMI Blog2019 (3) TMI 485X X X X Extracts X X X X X X X X Extracts X X X X ..... es without issue of any invoice or issues any invoice or bill without supply of goods or services of both or avails input tax credit using such invoice, shall be punished with imprisonment of term which may extend to 5 years and with fine, if the amount involved is more than ₹ 500 Lakhs. In view of the statement of the petitioner recorded u/s. 70 of the GST Act and the fact that the main accused have not been arrested so far, in the considered opinion of this Court, the petitioner is not entitled for grant of bail. Application dismissed. - M.Cr.C. No. 3472/2019 - - - Dated:- 26-2-2019 - Vivek Rusia J. For the Petitioner : Shri Vivek Dalal, learned counsel For the Respondent : Shri Prasanna Prasad, learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se invoices and defrauded the Govt. Exchequer and as a result of the investigation till date it is found that in total, these firms received fake invoices of ₹ 9,217.14 Lakhs for inward supply and issued fake invoices of ₹ 9,799.09 Lakhs for outward supplies. Accordingly, Jagdish Kanani and his partner defrauded Govt. Exchequer and evaded the GST to the tune of ₹ 3,422.02 Lakhs i.e. @ 18% of total supply ₹ 19,016.23 Lakhs by creating such bogus firms. In the course of investigation, the petitioner Jagdish Kanani appeared at CGST Central Excise Head Quarter on 4.1.2019 and his statements were recorded u/s. 70 of the GST Act. He was confronted with evidence collected during the course of investigation. In his stateme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /prosecution, opposes the bail application. He has produced the statement of the petitioner and other witnesses. He submits that the statement recorded by the petitioner is admissible in evidence and which can be used against him in the trial as held by this Court in the case of M/s. R.S. Company V/s. Commissioner of Central Excise (CEA No.24/2012) decided on 8.2.2017. The main accused have not been arrested so far, hence the bail application be rejected. 7. U/s. 69 of the GST Act, the Commissioner is having power to arrest if he has reasons to believe that a person has committed an offence specified in Clause (a) or (b) or (c) of sub-section (1) of Section 132 of the GST Act. Section 132(1) (a), (b) and (c) of GST Act define types of of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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