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TMI Blog2023 (5) TMI 590X X X X Extracts X X X X X X X X Extracts X X X X ..... sed for the commission of offences under CGST Act, which are triable by the Magistrate and the maximum punishment prescribed for the alleged offences is upto 5 years, which would be dependent on the quantum of tax evasion. The trial is at the stage of pre-charge evidence, hence, there is no likelihood of the trial concluding in the near future. Therefore, further incarceration of the petitioner in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Sections 132(1)(A) (I) of Central Goods and Services Tax Act, 2017 registered at Directorate General of GST Intelligence, Gurugram, Haryana. 2. Learned Senior counsel inter alia contends that the petitioner has been falsely implicated in the case in hand, which is evident from the fact that neither any cash nor any Agriculture Grade Urea was recovered from the petitioner. Learned Seni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has further been stated that subsequent to the statement of Manoj Kumar, the respondent-Department had erroneously assumed and concluded, without there being any material to substantiate that 1 kg of Urea was used in the manufacture of 60.33 kg of Resin and that since 26081 bags of Agricultural Grade Urea had been allegedly supplied to M/s Saba Chemicals Wood Products, the firm would have sold the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ducing Resin, which was in turn sold without issuing tax invoices and thus, State Exchequer had suffered loss to the tune of Rs.22,30,51,232/- on account of the evasion of GST. Learned counsel for the respondent has not disputed that the maximum punishment prescribed for offences under the CGST Act is five years. 4. Heard learned counsel for the parties and perused the relevant material on reco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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