Rajesh Jindal Versus Commissioner or Central Tax GST Delhi (West)
GST
2019 (1) TMI 1285 – PATIALA HOUSE COURT – TMI
PATIALA HOUSE COURT – DSC
Dated:- 22-1-2019
Remand Paper NO. 882
GST
SHRI NARESH KUMAR MALHOTRA ASJ/ SPECIAL JUDGE, CBI-02,
Present:-
Sh. Harpreet Singh, Ld Sr. Standing Counsel GST Department along with Sh. Amar Singh. Inspector, GST and IO/Insp. Sahil Yadav.
Sh. Aditya Kumar, Ld. counsel for applicant.
Pr. none
It is contended by Id. Counsel for applicant that recovery has already been effected and respondent has recovered all the material from the office and residence of the applicant. It is also mentioned that documents pertaining to business and official transaction of applicant are already i
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ted in the investigation. The statement of Witness relied upon by the department ie Deepak Taneja is not reliable. It is prayed that applicant be enlarged on bail.
On the other hand, Ld. Sr. Standing counsel contents that there are serious allegations against the applicant. Applicant was granted bail by the court of Ld. MM. Respondent has filed an application before Id. CMM for cancellation of bail but this application was dismissed on 14.8.2018. Respondent has approached the Sessions Court for cancellation of bail of the applicant and vide order dated 22.12.2018, the application filed by the respondent is allowed and bail of the respondent is cancelled. It is also contended by Id. Sr.Standing Counsel that applicant had approached the Hon'
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n return accused and the co accused were taking commission at various rates. The activity of accused and of co accused was found involving fictitious sales of the value of Rs. 201 Crores and of the amount of tax evasion of more than Rs. 27 Crores.
Today department has filed detail of tax liability which shows that total transaction amount in the present case is 251.55 Crores and 42.09 as GST was passed on the buyers.
In the present case, there are serious allegations against the applicant. Vide detailed order dated 22.12.2018, the application for cancellation of bail of applicant was allowed by Sh. Satish Arora, Id. ASJ, New Delhi and this order was affirmed by the Hon'ble High Court. No ground for bail is made out. Bail application is di
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