9911796707
TMI Blog2024 (2) TMI 1125X X X X Extracts X X X X X X X X Extracts X X X X ..... ect to conditions as envisaged under Section 438(2) Cr.P.C. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court. Petition allowed. - HON'BLE MR. JUSTICE SANJIV BERRY Present:- For the Petitioner : Ms. Sandhya Gaur, Advocate for Mr. Suvir Sidhu, Advocate. For the Respondent : Mr. Vishal Malik, DAG, Haryana. For the Complainant : Mr. Satish Kumar Garg, Advocate. SANJIV BERRY, J. (ORAL) 1. By way of present pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the course of hearing on 21.04.2022, following order had been passed: - Fresh power of attorneys on behalf of petitioner as well as complainant have been filed and the same are taken on record. Learned counsel has argued that inadvertently, GST ID was created in the name of complainant Gaurav Gupta instead of his firm, namely, Gaurav Auto Products. It was opened on 26.07.2017 and immediately complainant requested to change the said ID and the said change was reflected in October, 2017. He submits that certain transactions took place on the original account opened on 26.07.2017 as there was another client with the petitioner with the similar name i.e. Gaurav Gupta and the tax liability of Rs. 24,00,000/- has already been made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel appearing on behalf of the petitioner submits that in response to be aforesaid show cause notice, a reply dated 09.12.2022 has been filed and the copy of the same is furnished, which is taken on record. Learned counsel for the petitioner submits that in order to adjudicate upon his liability from July 2017 to July, 2019, the petitioner has to represent the concerned firm before the revenue authorities or any other authorities. He further submits that demand of Rs.1,42,12,254/- is not sustainable in the light of circular No. 171/03/2022 dated 06.07.2022 issued by Ministry of Finance Government of India, which is in the shape of clarification, and reads as under:- Since the registered person B has availed and utilized ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by learned State counsel and the fact that the petitioner had joined the investigation consequent to the orders dated 21.04.2022 and 14.12.2022 passed by this Court, interim bail granted vide orders dated 21.04.2022 and 14.12.2022 is hereby confirmed, subject to conditions as envisaged under Section 438(2) Cr.P.C. 9. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court. 10. The petition stands allowed. 11. It is made clear that anything contained h ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
