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2024 Supreme(Bom) 169

URMILA JOSHI-PHALKE
Rahul S/o Kamalkumar Jain – Appellant
Versus
Director General of Goods and Service Tax Intelligence, Nagpur – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sahil Dewani.
For the Respondent: S.N. Bhattad.

JUDGMENT :

URMILA JOSHI-PHALKE, J.

1. Heard.

2. The applicant has filed the application seeking bail in connection with Case No. DGGI/INTL/1082/2023 registered for offences punishable under Sections 132(1)(b), 132(1)(c), 132(1) (i) read with Section 132(5) of the Central Goods and Services Act, 2017 (the CGST Act, 2017 ).

3. The applicant is arrested on 28.11.2023.

4. The allegations against the applicant are, that he is proprietor of M/s. Arihant Traders and apart from the said firm, he is responsible for management and affairs of firms namely Mehal Construction and suppliers and Mehal Associates registered on one single PAN. He has also committed tax fraud of Rs. 144.65 crores by availing admissible ITC of Rs. 20.14 crores and has also passed on admissible ITC of Rs. 17.73 crores. It is further alleged that the applicant also used to operate and look after few other trade firms namely Aditya Trading Company, Prashant Traders in the same premises. Thus, allegation in a nut shell is that the applicant has obtained GST Registration on fictitious documents and has never conducted any business activity from the registered premises and illegally claimed refund of accumulated ITC on account

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