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TMI Blog2023 (7) TMI 291X X X X Extracts X X X X X X X X Extracts X X X X ..... partnership concerned, and he is also the Director of Shankheshwar Impex Pvt. Ltd. Both firms have GSTIN and regularly submit GST returns and Income Tax returns. The office of Additional Police Commissioner, Indore received a complaint through email on 27.03.2023 from one Shri Krushna Das, Export Manager of Seven Seas Global Freight System Private Limited alleging that one Akash Singh Proprietor of M/s Akash Chemicals had exported goods through them to Dubai but no one came to collect goods at Dubai. The company had to pay shipping charges amounting Rs. 52,00,000/-. It is further alleged that M/s Akash Chemicals illegally obtained a GST refund on the export amount of Rs. 1,47,30,914/-. Another complaint of similar nature was received from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vestigation Wing. Instead of appearing before the GST Investigation Wing, the applicant has rushed before this Court by way of the present application. 4. Shri R S Chhabra, learned Senior Counsel appearing on behalf of the applicant submits that for the offence punishable under 132 of the Central Goods and Service Tax Act, 2017, guidelines have been issued by the Revenue Department, GST Investigation Wing, the Non-applicant is trying to arrest the applicant without following these guidelines hence he is entitled to the protection. It is further submitted by the learned senior counsel that the applicant is ready to cooperate with the investigation and he will not leave the city without informing the GST Investigation Wing. It is further sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods and obtained IGST return which is. 6. The BIFA analyzed that M/s Ultra Medico Pharma Private Limited procured the goods on which CGST refund is estimated at Rs. 7.8 crores. In maximum cases above amount was credited to the account of M/s ABC Export in HDFS Bank in which the mobile number of the present applicant is linked. The non-applicant took remand (PR) of Meharban Singh. His statement was recorded in which he disclosed that he is only 12th pass and working as a salesman in various Pharma Companies, he has also disclosed how this applicant procured his documents and opened various firms without his knowledge. According to him at the command of applicant Suresh Bhargav, Mukesh Kushwaha, and Chetan Narwani also formed the firms. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chetan Narwani, Kapil Manglani, Akash Singh Kushwaha and Rakesh Prajapti, reveals that the applicant is the main accused in these GST refunds by forming fake firms. GSTR-1 and GST-3B sales and purchase of as many as 25 bogus firms are liable to be investigated, hence, looking to the gravity of the offence and huge amount of refund of GST through bogus firms, no case is made out for grant of anticipatory bail. Hon'ble Apex Court in the case of Y.S. Jagan Mohan Reddy v. Central Bureau of Investigation, (2013) 7 SCC 439 in Para Nos. 15 & 16, held as under:- "15) Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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