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2021 (11) TMI 158

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..... e been behind bars for a substantial period of about 2 years. Conclusion of trial is likely to consume time as the trial has not even commenced till date. Keeping in mind, the fact that the trial is yet to commence, no useful purpose would be served by further detaining the petitioners behind bars who have been in custody since last about 2 years - the petitions merit acceptance and are hereby accepted and the petitioners are ordered to be released on regular bail on their furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. Petition allowed.
HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present: Mr. Yashveer Kharb, Advocate for the petitioner in CRM-M-27381-2020. Mr. Parveen Sharma, Advocate for the petitioner in CRM-M-22375-2020. Mr. Parminder Singh, Advocate and Mr. Kawalpreet Singh Virk, Advocate for the petitioner in CRM-M-2253-2021. Mr. Deepak Sabherwal, Addl. A.G., Haryana with Mr. Rajiv Sidhu, DAG, Haryana, assisted by ASI Vinod Kumar. GURVINDER SINGH GILL, J. 1. This order shall dispose off the above mentioned three regular bail petitions filed on behalf of Manish, Rajesh and Inder Parta .....

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..... ion, it further transpired that the 18 firms so constituted by the accused had further issued bills in favour of 421 different industrial units based in Panipat and the said industrial units of Panipat, on the basis of such bills which also reflected payment of GST had inflated their expenditure and payment of GST though infact such expenditure had never been actually incurred. In other words, such industrial units of Panipat were evading payment of a substantial amount of GST on the ground that the initial supplier i.e. M/s Lalit Trading Company had already charged GST. Although, the payments by the said industrial units used to be made by the aforesaid bogus 18 firms by way of banking transactions but the said amount used to be withdrawn from the accounts of the said firms by the accused and used to be given back to the industrial units of Panipat after retaining a certain percentage. It is the case of prosecution that fraudulent transactions of colossal amount of more than ₹ 1325 crores had been effected ultimately leading to a loss of about ₹ 80 crores to the State Exchequer in the shape of evasion of payment of GST. 4. The learned counsel representing the accused .....

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..... @gmail.com 43,30,16,964 3,28,32,271 2 M/s Sri Rameshwaram International Sangeet S/o Sabira 9050007237 (Sumit) 992000974 (Inder) 992000974 (i) rkmittal2011@ gmail.com (ii) [email protected] 42,55,49,615 3,04,30,178 3 M/s Shree Balaji Wooltex Inder Pratap Singh S/o Ramesh Chander 9050007237 (Sumit) 9034697683 9034697683 (i) panipat34@ gmail.com rkmittal2011rk@ gmail.com (ii) rkmittal2011rk@ gmail.com 32,05,51,590 2,24,46,239 4 M/s Radha Kanheya Export Sumit S/o Raghunath Tiwari 9050007237 9050007238 (Rajesh Mittal) 9050007238 rkmittal2011@ gmail.com rkmittal2011@ gmail.com 40,43,46,448 3,07,79,207 5 M/s Sidhi Vinayak Textiles Amit Kumar Tiwari S/o Raghunath 9050007237 9053330888 (Inder) 9053330888 (i) rkmittal2011rk @ gm ail.com (ii)rkmittal2011rk@g mail.com 2,95,88,22,070 16,86,65,367 6 M/s Lalit Trading Company Deepak Palaria S/o Ashok Kumar Palaria 9896100400 9416016769 8708220742 (i)pardeepdawar@gma il.com (ii)shreeradha.spintex@ gmail.com 4,60,84,13,746 26,65,71,793 7 M/s Shree Bankey Bihari Enterprises Vipul Jindal S/o Ramvilas 8607870002 (Sat Narayan) 8199002006 (Vipul Jindal) 8199002006 (Vipul Jindal) (i) panipat34@ gm .....

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..... t has further been submitted that incriminating evidence in the shape of bogus stamps of Excise and Taxation Department etc. had been recovered at the instance of Rajesh Mittal which clearly reflects on his culpability. It has been submitted that Manish and Inder Partap Singh are close associates of the main accused Rajesh Mittal and that while the firm M/s Ansh Hospitality stands registered in the name of Manish, the firm M/s Shree Balaji Wooltex stands registered in the name of Inder Partap Singh. The learned State counsel has submitted that there are instances of transfer of money to the personal accounts of the aforesaid petitioners from the account of the fake firms which shows their complicity. The learned State counsel has, however, informed that an amount of approximately ₹ 6 crores has already been recovered by way of compounding from the industrial units of Panipat who had benefited from the bogus bills issued by the petitioners. The learned State counsel has also submitted that ever since the dismissal of earlier petition on 25.2.2020 by this Court, there has been no substantial change in circumstance so as to justify grant of bail at this stage. 8. The learned St .....

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