Central Bureau of Investigation (CBI) Vs DOMCO Pvt. Ltd. (District and Sessions Judge cum Special Judge PC Act CBI, Rouse Avenue) 1. Chargesheet: – A-1 company had given applications dated NIL to Ministry of Coal (hereinafter referred as MoC) and Ministry of Steel (hereinafter referred as MoS) for captive coking block mentioning that the company […]
On behalf of department, application is opposed submitting that accused have utilized and availed fraudulent ineligible ITC to the tune of Rs 15 crates as such committed a serous economic offence.
The Applicant is accused of procuring bogus bills from companies that did not exist in order to claim Input Tax Credit (ITC) and hence was taken into Judicial Custody (JC). The Applicant thereby has contended that the companies in question have ceased to manufacture goods but have not ceased to exist in entirety. Furthermore, the Applicant also contended that he was not provided with any reason or grounds before his arrest and hence, the Applicant is entitled to bail.
DRI Vs Atul Gupta (Patiala House Court) It was held that the decision interpreting the word “Magistrate” to be Judicial/Metropolitan Magistrate seemed flawed and it was categorically held that it is an Executive function. Thereby, giving strength to the decision of this Court about the application not being maintainable before this Court. This Court also […]
Merely because the accused did not join investigation pending adjudication of his anticipatory bail applications, in the absence of any interim protection by the superior courts, does not mean that he should be denied bail on the said ground alone since the accused had been taking recourse to the legal remedies available to him.
Manish & Anr. Vs DGGI (Patiala House Court) 1. Bail granted to brother duo after 57 days 2. IO, DGGI on a specifc query, was unable to confirm whether complaint would be filed before the expiry of 60 days default period by ACMM, Patiala House. 3. Strong opposition by Ld. SPP Harpreet Singh did not […]
Naveen Bansal Vs. Commissioner Central Tax (Patiala House court) In the present case also in the reply itself it has been mentioned that accused has admitted of causing loss to the tune of Rs.7-8 crores to the exchequer. Accused is in custody since 25.03.2021. To decide whether or not admit accused on bail or not […]
Manoj Kumar Garg Vs State (Meerut District Court) The statement of accused was recorded and the accused in his statement has admitted that no goods were received by his firm at his registered address from his suppliers and he claimed fake ITC on behalf of these fake firms. During investigation, the fifteen companies are found […]
Income Tax Department Vs Parsvnath Developers Ltd. (Delhi House Court) The tax deducted as source cannot be equated with the payment of other liabilities like service tax or sales tax whose payment may be dependent upon the actual realization of money. TDS is deducted in advance by the assessed before making any payment for the […]
CGST Vs. Sanyam Mittal (Patiala House Court) On behalf of the department, It is submitted that accused availed fraudulent ITC of Rs. 12.82,05,579/- from various bogus firms and he accepted his fraud in his statement under section 70 of CGST Act on 06.03.2020 and also on 08.09.2020 where he confirmed that he purchased goodsless invoices […]
