9911796707
TMI Blog2020 (12) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... rship firms, namely, M/s Hanuman Enterprises, M/s Jai Bhagwati Sales, M/s Jagdamba Trading Company, M/s UT Overseas, M/s T.P. Impex, M/s Guru Nanak Enterprises and M/s Jayant Tranding Company were created with ulterior motive i.e. to issue fake invoices without supplying of goods and for earning illegal commission. In the investigation, it was found that these fake transactions caused loss to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 crore only to make the offence cognizable and non bailable. He also argued that applicant/accused could not have been arrested as the offence alleged to have been committed is punishable upto five years and as per Section 41 of Cr.P.C., a person may be arrested if he is found to have committed offence punishable more than seven years. He further contended that in absence of any assessment order, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uman Enterprises and it is suffice that he issued fake invoices in the name of Hanuman Enterprises. He also argued that assessment is not the pre requisite to attract the Section 132 of GST Act. He also submitted that the bail application of co-accused has already been dismissed. The learned counsel for complainant has relied on following case in support of his arguments:- Vimal Yashwant Giri Go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ason that investigation is at initial stage and even then the investigation team has recovered fake transport-bilty books and the diary having cash entries in his hand writing. Admittedly, the offence alleged against the accused falls within the ambit of economic offence. The investigation is still pending and same is at initial stage. In this circumstances, this Court is of the opinion that grant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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