Case Law Details
Smruti Ranjan Sahoo Vs State of Odisha (Orissa High Court)
This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is the 2nd journey of the Petitioner who is in custody in connection with No. P.R.02 of 2020-21 dated 17.12.2020 of the CT & GST Enforcement Unit, Bhubaneswar corresponding to 2(C) CC Case No. 317 of 2021 on the file of learned J.M.F.C., Bhubaneswar running for commission of offences punishable under section 132 (1)(b)(c) and (1) of Odisha Goods and Services Tax Act, 2017 (for short called as ‘OGST Act’), in filing this application under section 439 of the Cr.P.C. for his release on bail.
3. Prosecution allegations run to the effect that this Petitioner being the proprietor of M/s. S.R. Enterprises in collusion with others had been managing in showing the receipt of purchase invoices in the name of fake firms without physical receipt of goods and issuing sale invoices without onward physical movement of the goods and thereby has wrongfully availed and passed on bogus Input Tax Credit (ITC) on the strength of those fake invoices in defrauding the State exchequer. It is also said that there was supply of the goods purchased out of accounts from clandestine sources without obtaining invoices and without payment of tax besides creation and operation of dummy firms in the name and style of M/s Kuladia Traders and others in collusion with one Sri Sandip Mohanty and others to the tune of Rs.10.75 and Rs.6.25 crores and thus it is said that there has been the availment and passing of bogus ITC in the name of the said firms as alleged.
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