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2022 (12) TMI 1407

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..... ve been filed under Section 439 Cr.P.C. arising out of Case File No. DGGI/NV/GST/808/2022-GR-E O/O ADG-DGGI-JZU-JAIPUR of Directorate General of GST Intelligence, Jaipur Zonal Unit, Jaipur for the Offence under Sections 132 (1) (c) (f) (h) & (1) of Central Goods & Service Tax Act, 2017. 2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case. They are behind the bars since 14.09.2022. Learned counsel for the petitioners also submits that complaint has been filed against the petitioners. Learned counsel for the petitioners also submits that petitioners had not created fake firms. Main accused Dipanshu Gupta was enlarged on bail by the Co-ordinate Bench of this Court, who had availed the .....

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..... ioners are Director and Proprietor of Krishna Metallurgical Pvt. Ltd., New Delhi and M/s Grand Design, New Delhi. They are responsible for tax evasion. Learned counsel for the respondent also submitted that petitioners had taken Rs. 11.30 Crores as input tax credit. Learned counsel for the respondent also submitted that case of Dipanshu Gupta is not similar to the petitioners because Dipanshu Gupta received only commission. Learned counsel for the respondent also submitted that in the case of Vinay Kant Ameta, Hon'ble Apex Court had directed to him to deposit Rs. 200 Crores for granting bail. So, if this court directs the petitioners to deposit loss of input tax credit of Rs. 11.30 Crores, then, respondent shall not have objection for grant .....

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..... x credit of Rs. 11.30 Crores. Hon'ble Apex Court while granting the bail to Vinay Kant Ameta directed to him to deposit Rs. 200 Crores. 8. Considering the contentions put-forth by the counsel for the petitioners and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail with a condition to deposit Rs. 2 Crores each by the petitioners before the respondent Department as under protest. 9. Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners Saurabh Jindal S/o Shri Satyendra Kumar and Yashik Jindal S/o Shri Mahadev Jindal shall be enlarged .....

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