9911796707
TMI Blog2021 (2) TMI 874X X X X Extracts X X X X X X X X Extracts X X X X ..... R-3B returns. It appears that M/s Starcrest Services Pvt. Ltd was misled by the said GST challans and GSTR-3B returns as they seem to have believed that the money belonging to government is being deposited by the accused until the department unearthed it. The plea of rendering co-operation to the department by the accused appears to be baseless as it is apparent that he tried to avoid investigation under the garb of medical treatment in hospitals. The conduct of the accused is writ large that despite being statutory auditor he misappropriated the GST amount and simultaneously misled M/s Starcrest Services Pvt. Ltd through generation of forged documents. Bail is accordingly denied to the accused. Application disposed off. - - - - - Date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... HDFC bank. Further a cheque of ₹ 2.70 lacs got signed from PNB saving bank and in addition cash payment of ₹ 1 lac and cheque payment of ₹ 1 lac was made by bother of the accused. The daughter of the applicant got registered FIR no. 14/21 PS Gurugram against the Directors of the said company. During the time applicant was confined by Directors the department got certain statements recorded from him and also seized bank account with UCO bank. It is submitted that applicant has been rendering full co- operation to the department. It is submitted that as per the Act the liability of payment of GST amount is of the company who collects GST from its customers and not of statutory auditors. It is submitted that department with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #8377; 12.67 crore as the said differential amount was made up through ITC in the GSTR-3B return submitted to the company. Even the employees of the applicant admitted that they created these forged challans on the directions of applicant. It is submitted that applicant instead of depositing ₹ 12.67 crore to government misappropriated it. Heard, Perused. The grant of bail depends upon complex of facts and factors considered in the light of golden principles laid down from time to time by the higher Courts. In Dipak Subhash Chandra Mehta Vs. CBI: (2012) 4 SCC 134 Hon ble Apex Court held that The Court granting bail should exercise its discretion in a judicious mariner and not as a matter of course. Though at the stage of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which must enter into the judicial verdict. Any one single circumstance cannot be treated as of universal validity or as necessarily justifying the grant or refusal of bail .. In the given facts, accused is a CA and his firm M/s Rampal Company was rendering professional services to M/s Starcrest Services Pvt. Ltd. as statutory auditors and consultants. The facts show that accused used to collect GST amount from M/s Starcrest Services Pvt. Ltd. and instead of depositing it to the full misappropriated a substantial part through creation of forged GST challans and GSTR-3B returns. It appears that M/s Starcrest Services Pvt. Ltd was misled by the said GST challans and GSTR-3B returns as they seem to have believed that the money belongin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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