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2021 Supreme(Tri) 38

AKIL KURESHI
Shri Sentu Dey S/o Chandradhar Dey – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sankar Lodh.
For the Respondent: Mr. Ratan Datta.

JUDGMENT :

AKIL KURESHI, J.

1. The petitioner has challenged an order dated 02.01.2021 passed by the learned Judicial Magistrate, 1st Class, Bishalgarh under which he has sent a criminal case CR 03 of 2020 for investigation under Section 156(3) of Criminal Procedure Code to the concerned Police Station.

2. This challenge of the petitioner arises in following factual background:

    The petitioner is a sole proprietor of one M/s. Sentu Dey, which is registered under Tripura State Goods and Service Tax Act, 2017 (Tripura State GST Act) (hereinafter to be referred to as the ‘SGST Act’) and related statutes. On 27.11.2020, Superintendent of State Taxes, Bishalgarh, filed a complaint before the Sub-Divisional Magistrate, Bishalgarh under Section 190 read with Section 200 of Cr.P.C. In the said complaint, the complainant alleged that the petitioner has under declared the outward taxable turnover and accordingly, paid less tax than he was liable to pay for the period starting from August, 2017 onwards. It is further stated that sizable demand of Rs. 19.74 Crores (rounded off) inclusive of tax, interest and penalty has been raised against the petitioner out of which only an amount of Rs. 1.18 Cror

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