NITESH JAIN MANGAL CHAND Vs. SENIOR INTELLIGENCE OFFICER, DIRECTORATE GENERAL OF GOODS AND SERVICE TAX INTELLIGENCE

JUDGEMENT

(1.) The Petitioner/ Accused, who was arrested and remanded to judicial custody on 26/1/2019, for an alleged offence under sec. 133(1) (i) of CGST Act, 2017, in R.R.No.6 of 2019, on the file of the respondent, seeks bail.

(2.) The case of the prosecution is that the petitioner who is the proprietor of M/s. Maa Osiya Corporation [Formerly M/s. Osiyan Impex Co], Hosur having GSTIN No.33AHJPN2714JlZE is engaged in the business of trading of Aluminium profiles, hardware, glass etc. They have been availing Input Tax Credit (ITC) on the invoices without receipt of goods and passing on the said credit through raising of invoices/E-way bills without supply of goods.

(3.) Based on the Intelligence reports received by the Chennai Office of the respondent, it was found that the petitioner is engaged in the bill trading activity i.e. issue of GST invoices without supply of goods and availing of input tax credit without supply of goods in violation of the provisions of Central Goods and Services Tax Act, 2017. The documentary evidence collected by the respondent and the statements recorded from various persons in this connection clearly indicated that the petitioner has violated the provisions of Sec. 132 of the CGST Act, 2017, [CGST Act 2017 -herein after referred as'the Act"]. The total evasion of tax committed by the petitioner is said to be in the range of nearly 98 crores of rupees.