The applicant in spite of being a Tax consultant, he has deliberately indulged in the issuance of fake invoices to pass the illegal Input Tax Credit to the endusers and thus defrauded the Govt. Exchequer from its huge legitimate GST revenue.
Directorate of Enforcement Vs Mohammed Nawab Mohammed Islam Malik @ Nawab Malik (PMLA Cousrt at Bombay) As per section 3, the offence of money laundering is continuing in nature and it continues till such time a person enjoying the proceeds of crime by its concealment or possession or acquisition or use of untainted property or […]
Mukund Dattatray Kurne Vs State of Gujarat (Civil & Session Court Ahmedabad) The ld advocate argued that applicant is a Chartered Accountant and he had appointed as C.A and he had audited account for the year 2014-15 and 2015-2016. He has argued that this applicant is not a director and contended that the role of […]
GST Vs Krishna Kant Pandey, Laxmi Kant Pandey & Shashi Kant Pandey (Patiala House Court) The present case is of clandestine manufacturing and sale which is covered by Section 132 (1) (a). Although, the punishment and the status of the case has cognizable and non bailable is the same, the evidence of both category of […]
Madan Gopal Chaturvedi Vs Directorate of Enforcement (Special Court under P.M.L. Act, Bombay) Admittedly, after praying for calling the opinion and medical papers of Dr. Umesh Shetty, and on going through all the papers Exh.4 (colly.) Ld. S.P.P has not submitted any objection that all these medical papers are fake which are given by Dr. […]
Ld. Counsel for the applicant-accused argued that the accused is aged about 67 years, and having various serious elements. He further argued that the allegations against the applicant-accused are that he receiving the bogus bills without any goods. He further argued that he is ready to co-operate with the investigation. He further argued that there is no useful purpose would be serve to keep the applicant / accused behind bars because trail will take long time and prayed for bail.
He further submitted that the applicant has not played any role in the present offence and has been falsely implicated by the department. He further submitted that this is not a case of applicant being bogus dealer, doing activity of passing fake invoices and fraudulent ITC.
The allegation against the accused is that he was illegally exporting the antique which is said to be the idol of Lord Vishnu. On being satisfied with the grounds urged in the remand application, the accused was sent to the judicial custody.
This court is of considered view that the present accused does not deserves to be released on bail. It is settled preposition of law that economic offences in itself are considered to be gravest offence against the society at large and hence are required to be treated differently in the matter of bail.
The court is in pain to observe that instead of initiating an appropriate action against the delinquent firms in the matter, wherein as per the claim of Delhi Police, a tax evasion of Rs.940 crores is involved, the authorities are involved in the blame game. Unfortunately, none is present on behalf of SGST and even no reply has been filed on behalf of Chairperson, CBIC.
