9911796707
TMI Blog2021 (3) TMI 205X X X X Extracts X X X X X X X X Extracts X X X X ..... this Hon'ble Court - admittedly, the alleged Firms/ Companies have NOT 'Issued' NOR 'Received' any alleged invoices within the Territorial Jurisdiction of this Hon'ble Court. It is therefore clear that this Hon'ble Court lacks the Territorial Jurisdiction in the present case and therefore the Remand of the Applicant is required to be Transited to the Court of Appropriate Jurisdiction i.e., the Court of Ld. C.M.M, New Delhi, which exercises the Territorial Jurisdiction over the Firms/ Companies', which are Registered in Delhi - Rather, given the abovesaid facts, even if Charge Sheet/ Complaint is filed before this Hon'ble Court at Rohtak, Haryana, this Hon'ble Court would not be Jurisdictionally Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S 179 CR.P.C PRAYING FOR TRANSIT OF THE REMAND OF THE APPLICANT TO THE COURT OF LD. C.M.M. NEW DELHI* WHICH IS THE COURT OF APPROPRIATE TERRITORIAL JURISDICTION MOST RESPECTFULLY SHOWETH - 1. As per the Application dated 12.01.2021 filed by the Department seeking Judicial Custody of the Applicant: 1.1 All alleged Firms/ Companies are 'Registered' under the CGST Act, 2017 at 'Delhi' and not within the Territorial jurisdiction of this Hon'ble Court. Proof of Registration of all Firms/ Companies at Delhi is annexed herewith as Annexure-1. 1.2 The Remand of the Applicant was not obtained by the Department from this Hon'ble Court on the basis of any allegation based on any Firm/ Company Regi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sheet/ Complaint can only be filed before a Court of Competent Territorial Jurisdiction. In fact, similar to cases investigated by CBI (which is again a Central Body), de horse the place of Office of the Wing of CBI which is undertaking investigation, the Charge Sheet/ Complaint can only be filed at a court of competent Territorial Jurisdiction. 3. It may be noted that in similar circumstances: 3.1 Vide Order dated 20.03.2020 ( Annexure - 2 ) passed by the LD A.C.J.M, Gurugram, Haryana, in In DGGI Vs Kwality , the Department/ DGGI has conceded that even through DGGI's Gurugram Wing was investigating the matter, however, since all the Firms/ Companies in that case also were registered at Delhi, the Court of Appropriate Jur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Court of Ld. C.M.M, New Delhi, which is the Court of appropriate Territorial Jurisdiction; II. Issue appropriate Release Warrant's in the name of the Accused with the Direction to the Respondent/ DGGI to produce the Applicant before the Court of Ld. C.M.M, New Delhi, which is the Court of appropriate Territorial Jurisdiction; III. Pass any further order(s) as this Hon'ble Court may deem fit and proper. Annexure 1 Annexure 2 DGGI VERSUS KWALITY 2020 (3) TMI 1314 - DISTRICT SESSIONS COURT GURUGRAM Annexure 3 GULSHAN DHINGRA ANR. VERSUS DIRECTORATE GENERAL OF GOODS AND SERVICE TAX INTELLIGENCE (D.G.G.I) AND ORS. - 2020 (9) TMI 782 - SC ORDER Annexure 4 GST, GHAZI ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
