9911796707
TMI Blog2021 (2) TMI 562X X X X Extracts X X X X X X X X Extracts X X X X ..... against the petitioner herein is that applicant and her husband created five bogus export firms, namely, M/s Atlantic International Trading Pvt. Ltd, M/s Blue Star International Pvt. Ltd, M/s Sun Flame Trading Pvt. Ltd., M/s Blue Evolution Pvt. Ltd and M/s White Mountain Trading Pvt. Ltd. and fraudulently availed ITC of Rs. 45 crores upon the strength of fake invoices providing fabricated information on E-way bill portal. On enquiry, it is found that all their suppliers were either non-existent at the declared principal place or the business address given in the GST registration. Moreover, none of the transporters have transported the good for the companies in question, however, only one transporter disclosed that he transported the goods f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of law and under relevant provisions of CGST Act. 4. Further submitted that filing of the Writ Petitions bearing No.1001315 have no bearing on the present investigation as this Court has not granted any stay in the said writ petitions. Searches were made by the investigating agency after obtaining due approval from the competent authority and under relevant provisions of law. Thus, the instant petition is liable to be dismissed. 5. Whereas, learned counsel appearing on behalf of the petitioner submitted that Rs. 279 crores credited to the personal account of the applicant from the accounts of the Companies i.e. M/s Sun Flame Trading Pvt. Ltd., M/s Blue Star International Private Ltd. & Atlantic International Trading Pvt. Ltd., from 2017 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tly, admittedly all the exports made by the Companies of the applicant are not disputed by the respondent, and secondly, there is no such allegations qua the Companies of the applicant that the Companies have forged and fabricated the invoices. 8. As regards the 132(l)(c) CGST Act, 2017 i.e. availment of input tax credit ("ITC") using such invoice or bill referred to in clause (b), it is submitted that the Companies have availed the ITC as per section 16 of the CGST Act, 2017 after fulfilling the criterion mentioned therein. The suppliers of the Companies have been filing GSTR 1 & GSTR 3B returns and the tax liability of the Companies is auto populated in GSTR 2A. The Companies have been filing GSTR 3B and GSTR 9C with Audit, which matches ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, the exports made by the Companies are not disputed by the Respondent. Thus, allegations that the Companies of the applicant evade tax or/and has fraudulently obtained refund or ITC are wholly misconceived and thus denied. 10. I have heard learned counsel for the parties and perused the material available on record. 11. It is not in dispute that the suppliers have their valid PAN cards as well as Bank accounts and they have been granted registration by the Respondents itself after doing complete verification from their end, in terms of Chapter VI of CGST Act, 2017. Moreover, the suppliers of the Companies of the applicant have been filing requisite GSTR returns and doing all the compliances under CGST Act, 2017, on the basis of which IT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s it goes through different level of checks and inspections. However, above facts have not been investigated by the respondents. 14. It is not in dispute that on the day the impugned order has been passed, the said Judge granted regular bail to the husband of the applicant after spending nearly 50 days in custody who is the person involved in dayto-day affairs of the company, however, dismissed the anticipatory bail of the applicant. 15. It is also not in dispute that the applicant and her husband were called for investigation by the Investigating Agency/Department on 10.12.2020 and their statements were duly recorded. Husband of the applicant was arrested but applicant was released on the same day. 16. Admittedly, the export made by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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