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TMI Blog2021 (9) TMI 936X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) or (b) or (c) or (d) of subsection (1) of Section 132. During search of the premises, number of incriminating documents were recovered which proved his involvement in G.S.T. evasion of more than 159 crores. The applicant is the mastermind of the entire fraud. The goods were sold on paper only without any actual production or supply. It is a financial fraud of more than 159 crores and if he is allowed to move around, he will manipulate the entire evidence - taking into consideration the gravity of the accusation, without expressing any opinion on the merits of the case, this Court finds that it is not a fit case for bail. Bail application dismissed. - Criminal misc. Bail application No. - 22999 of 2021 - - - Dated:- 27-8-2021 - H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd one Sh/Ms. Raghunandan was informed about his arrest. After the arrest of the applicant, investigating officer has recorded the statement of the applicant under section 70 of CGST Act 2017 on 25.5.2019, 26.5.2019 31.5.2019. On 25.5.2019, acting on 'Authorization to Search' issued by competent authority of Director General of GST Intelligence (hereinafter referred to as DGGI ) searches were conducted on some addresses based on the intelligence that these premises are being used by the persons involved in issuance of fake invoices without supply of goods whereby passing the input credit illegally. During search, it was found that there was no business activity in the premises but incriminating evidences including registration ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is languishing in jail since 14.1.2021. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail. On the other hand, learned A.G.A. as well as learned counsel for the informant have contended that applicant has committed offence under clause (b) of sub-section (1) of Section 132 of the CGST Act, 2017. Statement of applicant -Vishan Gupta was recorded on 25.5.2019, under section 70 of the CGST Act, 2017 wherein, on being asked, he categorically admitted that he created the 47 non-existent firms, the detai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the GSTN database and the inquiry was caused from the respective banks in as much as they were written to furnish account statement and the KYC documents. The accused vide letter dated 11.6.2019 submitted that certain documents which on scrutiny revealed that there were 31 more firms which were admittedly created and controlled by the accused. This further proves that applicant had been in the habit of creating fake firms to defraud government exchequer and could be termed as the master mind in the total affair of creating and managing of the 78 firms (31+47) for issuance of fake bills without supply of any goods. It is further submitted by learned AGA and learned counsel for the informant that on perusal of the statements of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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