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TMI Blog2020 (8) TMI 623X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner will file the duly sworn/attested affidavit within 72 hours from the date of resumption of the regular functioning of this Court. 3. The application stands disposed of. Crl.M.A.No.10918/2020 4. Exemption allowed, subject to all just exceptions. 5. The application stands disposed of. W.P.(CRL) 1232/2020 & Crl.M.A.No.10916/2020 6. This petition is filed is filed with the following prayers: "(i) Issue a Writ in the nature of Certiorari/ Mandamus or any writ/order/direction Quashing/ Setting aside the Search and Seizure conducted by the Respondents vide Panchnama 07.08.2020 as being illegal and contrary to the procedure established under the provisions of the Central Goods and Services Tax Act, 2017; (ii) Issue a Writ in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions of the facts involved and without prejudice to the rights of the petitioners, the petitioners are inclined to deposit 25% of Rs. 17.00 crores, the alleged liability till date payable by the petitioner per press of the respondent. 9. The learned senior counsel for the petitioner refers to the Union of India (UOI) and Ors. vs. Make My Trip (India) Pvt. Ltd. 2019 (11) SCC 765 more specifically para 2 of the judgment, which is as under: "2. The issue is as to whether the power of arrest Under Section 91 of the Finance Act, 1994 ("the said Act") can be exercised without following the procedure as set out in Section 73(A) and (4) of the said Act. The High Court has decided, after detailed discussion, that it is mandatory to follow the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act and availed of excess ITC in so far as there has been no movement of the goods in the present case as against the supplier and the Petitioner and the transactions are bogus and fictitious, created only on paper, solely to avail ITC. The manner of recovery of credit in cases of excessdistribution of the same is set out in Section 21 of the Act. This section provides that where the Input Service Distributor distributes credit in contravention of the provisions contained in Section 20 resulting in excess distribution of credit to one or more recipients,the excess credit so distributed shall be recovered from such recipients along with interest, and the provisionsof Section 73 or Section 74, as the case may be, shall, mutatis mutandis, appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndition that the petitioner shall deposit Rs. 2,00,00,000/- (Rupees Two Crores) to the credit of C.No. IV/16/27/201HPU on the file of the Commissioner of GST & Central Excise, Salem, Tamil Nadu and produce receipt in that behalf in the Registry of this Court within ten days from today, failing which the special leave petition shall stand dismissed for nonprosecution without further reference to the Court. Subject to the above, notice returnable within three weeks. Dasti, in addition, is permitted. For a period of one week, no coercive action be taken against the petitioner in connection with the alleged offence and the interim protection will continue upon production of receipt in the Registry about the deposit made with the Department w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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