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TMI Blog2021 (2) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... ni Mathur, Advocate. S.I.O. Mr. C.S. Soni ORDER The hearing has been conducted through Video Conferencing. CRL.M.A.No. 2102/2021 Exemption allowed, subject to all just exceptions. The application stands disposed of. BAIL APPLN. 458/2021 CRL. M.A. 2101/2021 1. The present application U/s 438 of Cr.P.C has been filed on behalf of the applicants/petitioners for grant of anticipatory bail. 2. According to the petitioners, they are engaged in the sale and purchase of non ferrous metals and duly registered with the Registrar of Companies. 3. On 27.06.2018, officers of Directorate General of Goods Services Tax Intelligence searched the premises of the petitioners, thereafter, according to the petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioners deals with hundred of vendors and the dispute is being raised by the respondent in respect of 3 vendors alleging that only bills were received without receiving any goods. It is further submitted by the Ld. counsel for the petitioners that the petitioners are not the creators of any such bills and have used the same in the normal course of their business. He further submitted that the co-accused has already been released on bail. He further submitted that no show cause notice has been issued and no final assessment has taken place. It is further submitted by the counsel for the petitioners that the petitioners have been co-operating in the investigation and have already deposited ₹ 2.5 crores which is more than 10% of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 excess distribution 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 provisions of Section 73 or Section 74, as the case may be, shall, mutatis mutandis, apply for determination of amount to be recovere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t ₹ 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 non prosecution 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 within one week from today, until ..... X X X X Extracts X X X X X X X X Extracts X X X X
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