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2021 Supreme(P&H) 264

AVNEESH JHINGAN
Rakesh Arora – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Ashok Aggarwal, Advocate, Priyadarshi Manish, Advocate, Gaurav Garg Dhuriwala, Advocate, Sourabh Goel, Advocate

JUDGMENT

Avneesh Jhingan, J. - The matter is taken up for hearing through video conference due to COVID-19 situation.

2. The petitioner is before this Court under Section 439 of Cr.P.C. for grant of bail, having been arrested under Section 132 of the Central Goods and Services Tax Act, 2017 [for brevity 'the Act'].

3. In the petition, only State of Punjab was arrayed as the respondent, however on 18th January, 2021, Mr. Sourabh Goel, Advocate appeared and submitted that Union of India is a necessary party. He sought time to file a reply, same was filed and taken on record on 22nd January, 2021.

4. The facts emanating are that Business Intelligence and Fraud Analytics ['BIFA'] was used for taking data from GSTIN. The Goods and Services Tax Department had information that three firms by the name of M/s La Mode Fashions, M/s Decent Fashions and M/s Murari Enterprises [hereinafter referred to as 'firms'] were engaged in availing and passing bogus Input Tax Credits ['ITC']. The firms had issued bills worth Rs. 158 crores involving Rs. 13.39 crores of tax. Firms had availed fake ITC of Rs. 21.60 crores and claimed refund of Rs. 5.02 crores.

5. The mechanism adopted by these firms was of procu

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