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TMI Blog2021 (9) TMI 574X X X X Extracts X X X X X X X X Extracts X X X X ..... les India Pvt. Ltd. and in turn have issued fake GST invoices without accompanying goods so as to enable the recipients to avail inadmissible Input Tax Credit to the tune of ₹ 33.92 Crores. Admittedly in this case, the prosecution has alleged that the has fraudulently availed Input Tax Credit amounting to ₹ 33.92 Crores. Therefore, it can be said that there are allegations against the applicant about commission of economic offence - bail cannot be allowed - Application dismissed. - BAIL APPLICATION NO. 2546 OF 2020 - - - Dated:- 14-1-2021 - HIS HONOUR THE ADDL.SESSIONS JUDGE SHRI. Dinesh E. KOTHALIKAR (C.R.NO.25) Learned Advocate Mr. Mohan Tekavde for the applicant. Learned SPP Mr. Natrajan for State. (DICT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke an offence. 4. In the case of Jaychandran Alloys (P.) Ltd. The Hon'ble High Court has held that determination of access credit by way of the procedure set out in Section 73 or 74 as the case may be is a pre-requisite for the recovery thereof. Section 73 and 74 deal with assessment and as such. It is clear and unambiguous that such recovery can only be initiated once the amount of access credit has been quantified and determined in an assessment. When recovery is made subject to determination in a assessment, the arguments of the department that punishable for the offence alleged can be imposed even prior to such assessment, is clearly incorrect and amounts to putting the cart before the horse. 5. So far as the judgment of Bomba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the prosecution has come with the contention that the applicant was the partner of firm namely M/s. Agrim Impex. It is claimed that said firm had availed inadmissible Input Tax Credit on the basis of invoices issued by M/s. Advanced computers and Mobiles India Pvt. Ltd. and in turn have issued fake GST invoices without accompanying goods so as to enable the recipients to avail inadmissible Input Tax Credit to the tune of ₹ 33.92 Crores. 7. According to the prosecution, at the time of recording the statement of the applicant he has given evasive reply. However, the statements of the witnesses recording during investigation give corroboration to the case of the prosecution. Upon perusal of the copy of the statement of Shri. Pank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which has been committed through over sight or at the most it will be a casual approach on the part of the Investigation Officer as well as the Special Public Prosecutor. However, it will not go to the root of the case, especially when there is ample material prima facie showing the commission of the offence. 9. According to the Learned advocate for the applicant, investigation qua the applicant is almost over and therefore there is no reason to detain him in the custody. In support of the submission he has relied upon on the judgment of Hon'ble M.P. High court in the case of Amit Bothra vs. State of MP in MCR 21628/2020 decided on 27.07.2020 wherein the Hon'ble High Court was pleased to allow the bail application. It is to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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