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TMI Blog2025 (4) TMI 1369X X X X Extracts X X X X X X X X Extracts X X X X ..... basis of statement of some third party i.e. Sh. Ashwin Goel, an investigation was initiated against the applicant/accused. The said Ashwin goel was arrested by the department on 12.12.2024 after search conducted at his house on 06.11.2024. 4. It is further submitted that except the statement of third party, there is no corroborative evidence to show that applicant/accused passed on ITC to M/S AC Goel Distributing INC and M/s AC Goel Tradelinks Pvt. Ltd without supply of goods and he has been falsely implicated in the present case. It is submitted that goods were supplied to M/S AC Goel Distributing INC and M/s AC Goel Tradelinks Pvt. Ltd against proper invoices and applicant also discharged the tax liability arising out of the invoices and investigation was erroneously initiated by the Department against the applicant and search was conducted at the premise of M/s Apna Transport on 03.12.2024 and subsequently summons were issued to the applicant on 04.12.2024 and 06.12.2024 u/s 70 of CGST Act but details of requisite documents was not provided in the said summons. 5. It is further submitted that apprehending coercive action, applicant/accused moved anticipatory bail application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as acted wilfully and deliberately with malafide intent to avail fake Input Tax Credit in his firms on the strength of invoices received without actual receipt of any services/ goods from various firms, which led to the wrongful availment of input tax credit. This has caused huge loss to the government exchequer and the amount of GST evaded is Rs. 250000000/-. During investigation voluntary statement U/s 70 of the CGST Act, 2017 of Ashwin Goel was recorded and it revealed that he was availing fake Input Tax Credit in his firms. 9. It is further submitted that during investigation it was also revealed that number of firms/ companies are involved in the present crime and applicant/ accused is also one of the member of the syndicate who is owner of firm i.e. M/s APNA TRANSPORT and involved in passing tax credit benefits to the other firms involved in the present case. On 03.12.2024 search was conducted at the premises of M/s APNA TRANSPORT. Applicant/ accused is the proprietor of the said firm. Applicant/ accused had failed to appear even after the search proceedings. However during search number of incriminating documents were recovered and same are under investigation. Subsequently ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "Y. S. Jagan Mohan Reddy Vs. CBI, (2013) 7 SCC 439", "State of Gujarat Vs. Mohanlal Jitamalji Porwal, (1987) 2 SCC 364", "Rakesh Arora Vs. State of Punjab, 2021 SCC OnLine P&H 200", "P. V. Ramana Reddy Vs. Union of India, 2019 SCC Online TS 3332", "Basudev Mittal Vs. Union of India, MCRC No.3919/2022" and "Amit Kaushik Vs. State of Haryana, 2023 (4) CENTAX 97 (P&H)". 14. Submissions heard. Record and judgments relied upon by both the parties perused. 15. Present case was registered in order to investigate fraudulent availment of input tax credit (CGST) amounting to Rs. 250000000. Instant investigation is in respect of fraudulent passing of Input credit without underlying supply of goods in contraventions of the provisions of CGST Act, 2017 and also floating fictitious firms. 16. This Court has relied upon the judgment titled as "Y. S. Jagan Mohan Reddy Vs. CBI, (2013) 7 SCC 439", relevant paras of this judgment are 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 involving huge loss of public funds needs to be viewed seriously and considered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these firms were registered in the name of applicant/ accused's employees and operated by him. During the investigation it was also found that the top supplier of M/s AC Goel Tradelinks Pvt. Ltd. was M/s. Khwaish Enterprise which has passed ITC to the tune of Rs. 8,80,68,406/- and M/s. Khwaish Enterprise was found to be fictitious firm which was corroborated by the statement of Mr. Vikram Kumar (Accountant of M/s. Khwaish Enterprise). 20. The analysis of GSTR-2A of M/s. Khwaish Enterprise revealed that more than 90 percent of the supply made by them were to M/s. AC Goel Tradelinks Pvt. Ltd. and it was also found that all supply made to M/s. Khwaish Enterprise was from M/s Sunrise Enterprises which is also a fictitious firm. Further, analysis of GSTR-2A of M/s. Sunrise Enterprises revealed that top supplier of the said firm happen to be M/s. JMV Papers Private Limited. M/s. Sunrise Enterprises is the only supplier of M/s. Khwaish Enterprise, who in turn has passed on fake ITC to M/s. AC Goel Tradelinks Private Ltd., whose de-facto controller is Ashwin Goel and M/s. Sunrise Enterprises has availed and utilised ITC to the tune of Rs. 8 Crore (approximately) and it is also a fictitiou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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