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TMI Blog2024 (8) TMI 901X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs.196 crores on each side - HELD THAT:- The Challan in this case has already been presented. Regarding first allegation, complaint under Section 132 of the CGST Act is maintainable. Regarding second allegation that the petitioner has used fake Certificate for opening bank account, no evidence has been collected, whether from the bank account in question, the petitioner has cheated anybody or not. The entire case is based on the documentary evidence. The case is triable by Magistrate. Culpability of the petitioner would be decided during trial of the case - since completion of trial will take a long time, no useful purpose would be served by keeping the petitioner behind bars for a long time. The petitioner is directed to be released on regular bail, on his furnishing bail bonds/surety bonds in the sum of Rs.10,00,000/-, with one surety of the like amount, to the satisfaction of learned Trial Court/Duty Magistrate concerned subject to fulfilment of conditions imposed - bail application allowed. - HON'BLE MR. JUSTICE GURBIR SINGH. Present : For the Petitioner : Mr. Rajiv Sharma, Advocate. For the Respondent : Ms. Manjot Kaur, AAG, Punjab., Mr. Pardeep Kumar Singla - State T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or cancellation - The tax payer has been cancelled suo motu due to reason mentioned in notice as in case, Registration is obtained by means of fraud, wilful misstatement, suppression of facts. Taxpayer neither deposited the tax nor submitted any reply. This order u/s of the Act ibid was passed by the adjudicating authority on 13.06:2023 and a demand of Rs. 11.75 crore was created. Details of which is mentioned below: Tax 3,65,23076. Interest 4,45,00,116. Penalty 3,65,23076. Total demand 11,75,46,268. On further verification against PAN of Deepak Sharma, it came to light that there is one more firm registered on given PAN, details of which is as under :- GSTIN 03BGPPS4292E2Z4, Trade Name: Shri Salasar Balaji Industry, Legal name Deepak Sharma, Address of Principal Place of Business 1, Office No 108, BRM Tower, Miller Ganj, Ludhiana, PAN BGPPS4292E, phone no. 8146032375, Email :- [email protected], Date of Registration 04/-1/2-28, Status cancelled suo motu w.e.f. 29/01/2020. The details of KYC documents and Bank Statement were called from Indian Bank Partap Chowk, Ludhiana for the current account against said PAN. On perusal of KYC documents submitted by proprietor at the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,116/-, has been passed against the petitioner. The petitioner has already filed an appeal (Annexure P-4) against the said order before the competent authority and the same is pending adjudication. It has further been argued that the provision, under which the fraud is alleged, does not attract any Section of IPC. As per provisions of Section 74 of the CGST Act, only penal action can be taken against the person, who has wrongly or fraudulently availed ITC in the shape of penalty equivalent to ITC amount and interest. Provisions of Indian Penal Code are not attracted. It has further been submitted that Section 132 of the CGST Act, 2017 is the only Section which provides for imprisonment as punishment of assessee for certain offences. The Department could only launch proceedings under Section 132 of the CGST Act, but no such proceeding, till today, has been initiated against the petitioner under the said Section. 4. Learned counsel for the petitioner has further argued that the second allegation against the petitioner is that the petitioner had opened account with the bank and submitted fake GST Certificate in the name of his alleged firm M/s Salasar Balaji Industry. However, there i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f taxes, penalty and interest. The petitioner has already filed an appeal against the said order, which is still pending. 8. As per provisions of Section 132 of the CGST Act, if a person fraudulently obtains refund, then he is liable to be prosecuted under Section 132 of the CGST Act. Such prosecution can only be launched with the previous sanction of the Commissioner as per Section 132 (6) of the CGST Act. Since it is a special Act, so, it is debatable whether provisions contained in Code of Criminal Procedure are applicable for prosecution of such person by lodging FIR. 9. The second allegation against the petitioner is that he furnished fake GST Certificate in the name of his alleged firm M/s Salasar Balaji Industry at the time of opening bank account, in which there are debit and credit entries of Rs.196 crores on each side. The firm of petitioner had made payment of Rs. 119 crores to Creative Forex, Rs.15 crores to Regal Exchange and there is cash withdrawal of Rs.2.75 crores. The learned Sessions Judge, Fatehgarh Sahib, while passing the order dated 20.04.2024, declining bail, has observed that the police has not investigated the said fact during investigation, for the reason ..... X X X X Extracts X X X X X X X X Extracts X X X X
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