9911796707
TMI Blog2022 (5) TMI 1234X X X X Extracts X X X X X X X X Extracts X X X X ..... s non-existent suppliers, without receipt of goods. During the period July 2017 to November 2020, the firm of the accused M/s Saibro Industries availed this input tax credit. Investigation revealed that most of the suppliers were not working from the registered premises. Of some other suppliers, the status of GST registration was found as cancelled. Some suppliers admitted during the course of investigation that they issued goodless invoices without supply of goods. It is alleged that the accused has committed the offence punishable under Section 132(1)(b)(c) (i)(3)(5) of the CGST Act, 2017, which is cognizable and non-bailable. 3. In the bail application, the applicant-accused has contended that the the case is bailable in nature as the D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t has filed the reply raising preliminary objections, inter alia, that the accused was not cooperative during investigation and a complaint for non-compliance of summons was filed against him which is pending for 11.05.2022. That when the premises of the accused was raided on 09.02.2021, it was found that another company was working from the said premises. That the premises of the suppliers were also inspected and most of them were not existing or their registration were found cancelled. That the proprietor M/s Saibro Industries willfully availed input tax credit from the suppliers who were never engaged in the supply of goods. They are either non-existent or non-functional. The payment of other firms of their part of tax does not dilute th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the chain of suppliers were explored, most of the premises were found either closed or their GST registration cancelled. The accused has no material to show physical movement of goods. As per the complaint, the applicant-accused was the proprietor and the master mind of the alleged crime. It was him who had orchestrated the crime to camouflage the fraud into the nexus of trusted accomplices who acted as suppliers. 9. Considering the gravity of the alleged offence, severity of the punishment provided for the alleged offence and the aforesaid reasons, this Court is of the opinion that the applicant-accused Saurabh Srivastava is not entitled to bail at this stage. Accordingly, the first bail application filed on behalf of applicant-accused i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
