9911796707
TMI Blog2021 (3) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... hiring or rendering of services by projecting a huge turnover that remained only on papers. In such cases, the Government is not only deprived of what is due to them. But in fraudulent ITC claims, of the nature allegedly made against the accused, a huge liability is created for the Government. Conduct of accused is also shown non-cooperative during investigation. Role of accused being the main person in the commission offence has been shown. Such acts of creating fictitious firm and bogus bill for the purpose of availing benefit from the government causes heavy losses to the exchequer. Considering the facts and circumstances of the case, gravity of offence, role of accused and evidence surfaced against the accused till date, I do not fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... MADRAS HIGH COURT 2. Bail is opposed on the ground of gravity of offence and huge amount of the availment of fraudulent ITC where accused is directly connected. It is further submitted by the Ld. counsel for the department/respondent that statement of several employees has been taken in support of the allegations against the accused. In support of his arguments Ld. counsel has relied upon the following judgement: SFIO v. Nitin Johri Anr. in Crl. Appeal No. 1381/2019 dated 12.09.2019 = 2019 (9) TMI 570 - SUPREME COURT Ram Narain Popli v. CBI AIR 2003 SCC 3257 = 2003 (1) TMI 560 - SUPREME COURT P V Ramana Reddy v. Union of India Writ Petition No. 4764/2019 dated 18.04.2019 = 2019 (4) TMI 1320 - TELANGAN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he accused. Accused is stated to be mastermind in running these firm for this fraudulent purpose. 4. It has been alleged that till date there are six non-existent firms used for the purpose of credit of ITC through the firm M/s. B2X Sales Pvt. Ltd. Similarly, there has been eleven firms which were being run at Plot No. 20, Pocket-P, Sector-5, Bawana Industrial Area, Delhi created even in the name of the employees of the accused and these non-existent firms were responsible for the availment of false ITC credit of value more then 150 crore. These firms allegedly were being operated by the accused himself. Documents from some of the employees were obtained for providing them good jobs. Laptop from accused is recovered to show his involveme ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
