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2024 (1) TMI 810

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..... : Mr. Gulshan Mehta, Advocate. For the Respondent : Mr. Bhupender Singh, D.A.G., Haryana. *** KULDEEP TIWARI, J. (ORAL) 1. Through the instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, in case FIR No. 630 dated 25.06.2019, under Sections 420, 467, 468, 471, 201 of the IPC, registered at P.S. Chandni Bagh, Panipat. FACTUAL MATRIX 2. What constituted the bedrock for registration of the instant FIR, was a complaint dated 20.06.2019, as made by one Sunil Dhull, Proper Officer-cum-Excise Taxation Officer (State Tax), Panipat. Therefore, it is deemed imperative to extract the relevant portion of the said complaint, which is extracted hereinafter:- .To, The Station House Officer, Police St .....

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..... tered under the HGST/CGST Act, b of fake and forged documents and deceived the Government Authorities Adulently by submitting/uploading fake/ forged documents and used Government GST online portal for utilizing input tax credit for himself and passing input tax credit to other firms/taxable persons by generating E-way bills and issuing invoices with dishonest intention to evade payment of taxes. Detail of supplies made by the concerned dealer is as under:- Name of the firm- M/s Global Metal GSTIN06ASWPV4034BIZJ Number of Invoices Issued-07 Taxable Value- 2677448/- Tax Involved- 481940/- In view of the facts narrated above, it is requested that FIR against Sh. S Viji S/o Sh. Kandaswamy, H. No. 212, IInd Floor, Sec- 06, Panipat has got himsel .....

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..... refore, keeping the petitioner behind the bars, for an indefinite period, would serve no fruitful purpose. Lastly, he submits that though the petitioner is involved in four other cases also, however, he has been granted the concession of regular bail by Co-ordinate Benches of this Court. SUBMISSIONS OF LEARNED STATE COUNSEL 5. The learned State counsel has placed on record the custody certificate of the petitioner, as issued by the Deputy Superintendent, District Prison, Panipat. Though he has not contested the above made factual submissions of the learned counsel for the petitioner, however, he has opposed the grant of bail to the petitioner, on the ground, that the status report dated 28.02.2023, as furnished on affidavit of Pardeep Kumar .....

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..... . That the firm M/s Global Metal Industries was registered at the address House No.212, 2nd Floor, Sector 6, Panipat, and the owner of the said firm namely Rajesh Kumar was joined in investigation on 01.04.2022 and he has recorded his statement to the effect that:- (Supported the case of prosecution) XX XX XX (f) That the firm M/s Saraswati Enterprise was actually in the name of the petitioner but it was not exist at the spot and the entire amount of his above fake firms was transferred by the petitioner in an account No. 10170001082048 maintained with Bandhan Bank Faridabad opened in the name of petitioner wherein and a transaction of Crores was found in the said account without any movement of goods. ANALYSIS 6. This Court has heard the s .....

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