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2024 (2) TMI 854

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..... e Government Revenue, by way of utilizing bogus ITC via paper transactions only, with mala fide intention of not paying taxes - HELD THAT:- From the record it is apparent that the petitioner is in custody since 09.12.2022 i.e for the last more than one year. All the offences are triable by the Court of Magistrate and the conclusion of the trial may take quite a long time. Apart from that, the peti .....

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..... PC added later on), at Police Station Faridabad Central, District Faridabad. 2. The FIR in the present case was got registered on the basis of the complaint moved by Rajesh Kumar Yadav, Excise and Taxation Officer, alleging therein that an information was received from the office of Excise and Taxation Commissioner, Panchkula regarding involvement of M/s A.S. Enterprises, Flat No. 68, ECWS Ground .....

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..... the goods. The goods were neither received nor supplied in actuality but only paper transactions were done which is in contravention to proviso of Section 132(1)(B)(C) HGST Act, 2017. Thus, the firm had created a loss to the tune of Rs. 2,05,79,076/- to the Government Exchequer. Therefore, it is well established that Ashok, proprietor of M/s A.S. Enterprises had fraudulently registered the said f .....

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..... presented against him. 4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner. 5. I have heard the learned counsel for the parties and perused the record. 6. From the record it is apparent that the petitioner is in custody since 09.12.2022 i.e for the last more than one year. All the offences are triable by the Court of Magistr .....

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